                                 CODE OF VIRGINIA

ACCEPTING GUARDIANSHIP OR CONSERVATORSHIP TRANSFERRED FROM ANOTHER STATE (§
64.2-2115)

A. To confirm transfer of a guardianship or conservatorship transferred to the
Commonwealth under provisions similar to &#xA7; 64.2-2114, the guardian or
conservator shall petition the court in the Commonwealth to accept the
guardianship or conservatorship. The petition shall include a certified copy of
the other state&#8217;s provisional order of transfer.

B. Notice of a petition under subsection A shall be given to those persons that
would be entitled to notice if the petition were a petition for the appointment
of a guardian or issuance of a conservatorship order in both the transferring
state and the Commonwealth. The notice shall be given in the same manner as
notice is required to be given in the Commonwealth.

C. On the court&#8217;s own motion or on request of the guardian or conservator,
the incapacitated or protected person, or other person required to be notified
of the proceeding, the court shall hold a hearing on a petition filed pursuant
to subsection A.

D. The court shall issue an order provisionally granting a petition filed under
subsection A unless:

   1. An objection is made and the objector establishes that transfer of the
   proceeding would be contrary to the interests of the incapacitated or
   protected person; or

   2. The guardian or conservator is ineligible for appointment in the
   Commonwealth.

E. The court shall issue a final order accepting the proceeding and appointing
the guardian or conservator as guardian or conservator in the Commonwealth upon
its receipt from the court from which the proceeding is being transferred of a
final order issued under provisions similar to &#xA7; 64.2-2114 transferring the
proceeding to the Commonwealth.
			The final order accepting transfer of a guardianship or conservatorship shall
contain a determination of whether the guardianship or conservatorship needs to
be modified to conform to the laws of the Commonwealth.

F. In granting a petition under this section, the court shall recognize a
guardianship or conservatorship order from the other state, including the
determination of the incapacitated or protected person&#8217;s incapacity and
the appointment of the guardian or conservator.

G. The denial by a court of the Commonwealth of a petition to accept a
guardianship or conservatorship transferred from another state does not affect
the ability of the guardian or conservator to seek appointment as guardian or
conservator in the Commonwealth under Chapter 20 (&#xA7; 64.2-2000 et seq.) if
the court has jurisdiction to make an appointment other than by reason of the
provisional order of transfer.

HISTORY: 2011, c. 518, § 37.2-1047; 2012, c. 614.