A. For purposes of this section, the term "person" includes a child or a parent sharing a biological relationship with one another or having a relationship established by adoption, a relationship established pursuant to Chapter 9 (§ 20-156 et seq.) of Title 20, or a relationship established by a judicial proceeding that establishes parentage or orders legal guardianship. The term includes persons 18 years of age and over.
B. On petition of one or both parents, one or more children, or the legal guardian of an incapacitated person made to the circuit court for the jurisdiction where the parent, parents, child, children, or legal guardian resides, the court may appoint a standby guardian or a standby conservator, or both, of the incapacitated person. The appointment of the standby fiduciary shall be affirmed biennially by the parent, parents, child, children, or legal guardian of the person and by the standby fiduciary prior to his assuming his position as fiduciary by filing with the court an affidavit that states that the standby fiduciary remains available and capable to fulfill his duties.
C. The standby fiduciary shall be authorized without further proceedings to assume the duties of his office immediately upon the death or adjudication of incapacity of the last surviving of the parents or children of the incapacitated person or of his legal guardian, subject to confirmation of his appointment by the circuit court within 60 days following assumption of his duties. If the incapacitated person is 18 years of age or older, the court, before confirming the appointment of the standby fiduciary, shall conduct a hearing pursuant to this article. The requirements of the court and the powers, duties, and liabilities that pertain to guardians and conservators govern the confirmation of the standby fiduciary and shall apply to the standby fiduciary upon the assumption of his duties.
1997, c. 921, § 37.1-134.17; 2004, c. 135; 2005, c. 716, § 37.2-1013; 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