The circuit court may appoint a local or regional program authorized by the Department for Aging and Rehabilitative Services pursuant to Article 6 (§ 51.5-149 et seq.) of Chapter 14 of Title 51.5 as the guardian or conservator for any resident of the Commonwealth who is found to be incapacitated if the court finds that (i) the incapacitated person's resources are insufficient to fully compensate a private guardian and pay court costs and fees associated with the appointment proceeding and (ii) there is no other proper and suitable person willing and able to serve in such capacity or there is no guardian or conservator appointed within one month of adjudication pursuant to § 64.2-2015. The court shall use the guidelines for determining indigency set forth in § 19.2-159 in determining the sufficiency of the respondent's estate. If the respondent would be eligible for the appointment of counsel pursuant to § 19.2-159, he shall be eligible for the appointment of a public guardian or conservator pursuant to this section.
1998, c. 787, § 37.1-134.14:1; 2005, cc. 712, 716, § 37.2-1010; 2012, cc. 614, 803, 835.
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