Subject to any conditions or limitations set forth in the order appointing him, the fiduciary shall take possession of the incapacitated person's estate and may sue and be sued in respect to all claims or demands of every nature in favor of or against the incapacitated person and the incapacitated person's estate. The fiduciary shall have the same right of retaining for his own debt as an administrator would have.
Code 1950, § 37-147; 1968, c. 477, § 37.1-139; 1980, c. 582; 2005, c. 716, § 37.2-1025; 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