The respondent has the right to be represented by counsel of the respondent's choice. If the respondent is not represented by counsel, the court may appoint legal counsel upon the filing of the petition or at any time prior to the entry of the order upon request of the respondent or the guardian ad litem, if the court determines that counsel is needed to protect the respondent's interest. Counsel appointed by the court shall be paid a fee that is fixed by the court to be taxed as part of the costs of the proceeding.
A health care provider shall disclose or make available to the attorney, upon request, any information, records, and reports concerning the respondent that the attorney determines necessary to perform his duties under this section, including a copy of the evaluation report required under § 64.2-2005.
1997, c. 921, § 37.1-134.12; 2004, cc. 66, 1014; 2005, c. 716, § 37.2-1006; 2012, c. 614.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 20 - Guardianship and Conservatorship
§ 64.2-2001. Filing of petition; jurisdiction; instructions to be provided
§ 64.2-2002. Who may file petition; contents
§ 64.2-2003. Appointment of guardian ad litem
§ 64.2-2004. Notice of hearing; jurisdictional
§ 64.2-2005. Evaluation report
§ 64.2-2006. Counsel for respondent
§ 64.2-2007. Hearing on petition to appoint
§ 64.2-2009. Court order of appointment; limited guardianships and conservatorships
§ 64.2-2010. Eligibility for public guardian or conservator
§ 64.2-2012. Petition for restoration, modification, or termination; effects
§ 64.2-2013. Standby guardianship or conservatorship for incapacitated persons
§ 64.2-2014. Clerk to index findings of incapacity or restoration; notice of findings
§ 64.2-2015. When no guardian or conservator appointed within one month of adjudication
§ 64.2-2016. Trustees for incapacitated veterans and their beneficiaries
§ 64.2-2017. Payments from U.S. Department of Veterans Affairs
§ 64.2-2018. Taking of bond by clerk of court
§ 64.2-2019. Duties and powers of guardian
§ 64.2-2020. Annual reports by guardians
§ 64.2-2021. General duties and liabilities of conservator
§ 64.2-2022. Management powers and duties of conservator
§ 64.2-2025. Fiduciary to prosecute and defend actions involving incapacitated person
§ 64.2-2026. Surrender of incapacitated person's estate
§ 64.2-2029. Application to guardians and conservators appointed pursuant to § 64.2-2115