As used in this chapter, unless the context requires a different meaning:
"Advance directive" shall have the same meaning as provided in the HealthCare Decisions Act (§ 54.1-2981 et seq.).
"Conservator" means a person appointed by the court who is responsible formanaging the estate and financial affairs of an incapacitated person and,where the context plainly indicates, includes a "limited conservator" or a"temporary conservator." The term includes (i) a local or regional programdesignated by the Department for the Aging as a public conservator pursuantto Article 2 (§ 2.2-711 et seq.) of Chapter 7 of Title 2.2 or (ii) any localor regional tax-exempt charitable organization established pursuant to §501(c) (3) of the Internal Revenue Code to provide conservatorial services toincapacitated persons. Such tax-exempt charitable organization shall not be aprovider of direct services to the incapacitated person. If a tax-exemptcharitable organization has been designated by the Virginia Department forthe Aging as a public conservator, it may also serve as a conservator forother individuals.
"Estate" includes both real and personal property.
"Guardian" means a person appointed by the court who is responsible for thepersonal affairs of an incapacitated person, including responsibility formaking decisions regarding the person's support, care, health, safety,habilitation, education, therapeutic treatment, and, if not inconsistent withan order of involuntary admission, residence. Where the context plainlyindicates, the term includes a "limited guardian" or a "temporaryguardian." The term includes a (i) local or regional program designated bythe Department for the Aging as a public guardian pursuant to Article 2 (§2.2-711 et seq.) of Chapter 7 of Title 2.2 or (ii) any local or regionaltax-exempt charitable organization established pursuant to § 501(c) (3) ofthe Internal Revenue Code to provide guardian services to incapacitatedpersons. Such tax-exempt charitable organization shall not be a provider ofdirect services to the incapacitated person. If a tax-exempt charitableorganization has been designated by the Virginia Department for the Aging asa public guardian, it may also serve as a guardian for other individuals.
"Incapacitated person" means an adult who has been found by a court to beincapable of receiving and evaluating information effectively or respondingto people, events, or environments to such an extent that the individuallacks the capacity to (i) meet the essential requirements for his health,care, safety, or therapeutic needs without the assistance or protection of aguardian or (ii) manage property or financial affairs or provide for hissupport or for the support of his legal dependents without the assistance orprotection of a conservator. A finding that the individual displays poorjudgment alone shall not be considered sufficient evidence that theindividual is an incapacitated person within the meaning of this definition.A finding that a person is incapacitated shall be construed as a finding thatthe person is "mentally incompetent" as that term is used in Article II,Section 1 of the Constitution of Virginia and Title 24.2 unless the courtorder entered pursuant to this chapter specifically provides otherwise.
"Limited conservator" means a person appointed by the court who has onlythose responsibilities for managing the estate and financial affairs of anincapacitated person as specified in the order of appointment.
"Limited guardian" means a person appointed by the court who has only thoseresponsibilities for the personal affairs of an incapacitated person asspecified in the order of appointment.
"Property" includes both real and personal property.
"Respondent" means an allegedly incapacitated person for whom a petitionfor guardianship or conservatorship has been filed.
(1997, c. 921, § 37.1-134.6; 1998, cc. 582, 787; 2004, c. 858; 2005, c. 716;2006, c. 724.)
As used in this chapter, unless the context requires a different meaning:
"Advance directive" shall have the same meaning as provided in the HealthCare Decisions Act (§ 54.1-2981 et seq.).
"Conservator" means a person appointed by the court who is responsible formanaging the estate and financial affairs of an incapacitated person and,where the context plainly indicates, includes a "limited conservator" or a"temporary conservator." The term includes (i) a local or regional programdesignated by the Department for the Aging as a public conservator pursuantto Article 2 (§ 2.2-711 et seq.) of Chapter 7 of Title 2.2 or (ii) any localor regional tax-exempt charitable organization established pursuant to §501(c) (3) of the Internal Revenue Code to provide conservatorial services toincapacitated persons. Such tax-exempt charitable organization shall not be aprovider of direct services to the incapacitated person. If a tax-exemptcharitable organization has been designated by the Virginia Department forthe Aging as a public conservator, it may also serve as a conservator forother individuals.
"Estate" includes both real and personal property.
"Guardian" means a person appointed by the court who is responsible for thepersonal affairs of an incapacitated person, including responsibility formaking decisions regarding the person's support, care, health, safety,habilitation, education, therapeutic treatment, and, if not inconsistent withan order of involuntary admission, residence. Where the context plainlyindicates, the term includes a "limited guardian" or a "temporaryguardian." The term includes a (i) local or regional program designated bythe Department for the Aging as a public guardian pursuant to Article 2 (§2.2-711 et seq.) of Chapter 7 of Title 2.2 or (ii) any local or regionaltax-exempt charitable organization established pursuant to § 501(c) (3) ofthe Internal Revenue Code to provide guardian services to incapacitatedpersons. Such tax-exempt charitable organization shall not be a provider ofdirect services to the incapacitated person. If a tax-exempt charitableorganization has been designated by the Virginia Department for the Aging asa public guardian, it may also serve as a guardian for other individuals.
"Incapacitated person" means an adult who has been found by a court to beincapable of receiving and evaluating information effectively or respondingto people, events, or environments to such an extent that the individuallacks the capacity to (i) meet the essential requirements for his health,care, safety, or therapeutic needs without the assistance or protection of aguardian or (ii) manage property or financial affairs or provide for hissupport or for the support of his legal dependents without the assistance orprotection of a conservator. A finding that the individual displays poorjudgment alone shall not be considered sufficient evidence that theindividual is an incapacitated person within the meaning of this definition.A finding that a person is incapacitated shall be construed as a finding thatthe person is "mentally incompetent" as that term is used in Article II,Section 1 of the Constitution of Virginia and Title 24.2 unless the courtorder entered pursuant to this chapter specifically provides otherwise.
"Limited conservator" means a person appointed by the court who has onlythose responsibilities for managing the estate and financial affairs of anincapacitated person as specified in the order of appointment.
"Limited guardian" means a person appointed by the court who has only thoseresponsibilities for the personal affairs of an incapacitated person asspecified in the order of appointment.
"Property" includes both real and personal property.
"Respondent" means an allegedly incapacitated person for whom a petitionfor guardianship or conservatorship has been filed.
(1997, c. 921, § 37.1-134.6; 1998, cc. 582, 787; 2004, c. 858; 2005, c. 716;2006, c. 724.)
As used in this chapter, unless the context requires a different meaning:
"Advance directive" shall have the same meaning as provided in the HealthCare Decisions Act (§ 54.1-2981 et seq.).
"Conservator" means a person appointed by the court who is responsible formanaging the estate and financial affairs of an incapacitated person and,where the context plainly indicates, includes a "limited conservator" or a"temporary conservator." The term includes (i) a local or regional programdesignated by the Department for the Aging as a public conservator pursuantto Article 2 (§ 2.2-711 et seq.) of Chapter 7 of Title 2.2 or (ii) any localor regional tax-exempt charitable organization established pursuant to §501(c) (3) of the Internal Revenue Code to provide conservatorial services toincapacitated persons. Such tax-exempt charitable organization shall not be aprovider of direct services to the incapacitated person. If a tax-exemptcharitable organization has been designated by the Virginia Department forthe Aging as a public conservator, it may also serve as a conservator forother individuals.
"Estate" includes both real and personal property.
"Guardian" means a person appointed by the court who is responsible for thepersonal affairs of an incapacitated person, including responsibility formaking decisions regarding the person's support, care, health, safety,habilitation, education, therapeutic treatment, and, if not inconsistent withan order of involuntary admission, residence. Where the context plainlyindicates, the term includes a "limited guardian" or a "temporaryguardian." The term includes a (i) local or regional program designated bythe Department for the Aging as a public guardian pursuant to Article 2 (§2.2-711 et seq.) of Chapter 7 of Title 2.2 or (ii) any local or regionaltax-exempt charitable organization established pursuant to § 501(c) (3) ofthe Internal Revenue Code to provide guardian services to incapacitatedpersons. Such tax-exempt charitable organization shall not be a provider ofdirect services to the incapacitated person. If a tax-exempt charitableorganization has been designated by the Virginia Department for the Aging asa public guardian, it may also serve as a guardian for other individuals.
"Incapacitated person" means an adult who has been found by a court to beincapable of receiving and evaluating information effectively or respondingto people, events, or environments to such an extent that the individuallacks the capacity to (i) meet the essential requirements for his health,care, safety, or therapeutic needs without the assistance or protection of aguardian or (ii) manage property or financial affairs or provide for hissupport or for the support of his legal dependents without the assistance orprotection of a conservator. A finding that the individual displays poorjudgment alone shall not be considered sufficient evidence that theindividual is an incapacitated person within the meaning of this definition.A finding that a person is incapacitated shall be construed as a finding thatthe person is "mentally incompetent" as that term is used in Article II,Section 1 of the Constitution of Virginia and Title 24.2 unless the courtorder entered pursuant to this chapter specifically provides otherwise.
"Limited conservator" means a person appointed by the court who has onlythose responsibilities for managing the estate and financial affairs of anincapacitated person as specified in the order of appointment.
"Limited guardian" means a person appointed by the court who has only thoseresponsibilities for the personal affairs of an incapacitated person asspecified in the order of appointment.
"Property" includes both real and personal property.
"Respondent" means an allegedly incapacitated person for whom a petitionfor guardianship or conservatorship has been filed.
(1997, c. 921, § 37.1-134.6; 1998, cc. 582, 787; 2004, c. 858; 2005, c. 716;2006, c. 724.)
