State Codes and Statutes

Statutes > Virginia > Title-37-2 > Chapter-10 > 37-2-1002

§ 37.2-1002. Who may file petition; contents.

A. Any person may file a petition for the appointment of a guardian, aconservator, or both.

B. A petition for the appointment of a guardian, a conservator, or both,shall state the petitioner's name, place of residence, post office address,and relationship, if any, to the respondent and, to the extent known as ofthe date of filing, shall include the following:

1. The respondent's name, date of birth, place of residence or location, postoffice address and the sealed filing of the social security number;

2. The names and post office addresses of the respondent's spouse, adultchildren, parents, and adult siblings or, if no such relatives are known tothe petitioner, at least three other known relatives of the respondent,including step-children. If a total of three such persons cannot beidentified and located, the petitioner shall certify that fact in thepetition, and the court shall set forth such finding in the final order;

3. The name, place of residence or location, and post office address of theindividual or facility, if any, that is responsible for or has assumedresponsibility for the respondent's care or custody;

4. The name, place of residence or location, and post office address of anyagent designated under a durable power of attorney or an advance directive ofwhich the respondent is the principal or any guardian, committee, orconservator currently acting, whether in this state or elsewhere, with a copyof any such documents, if available, attached by the petitioner;

5. The type of guardianship or conservatorship requested and a briefdescription of the nature and extent of the respondent's alleged incapacity;

6. When the petition requests appointment of a guardian, a brief descriptionof the services currently being provided for the respondent's health, care,safety, or rehabilitation and, where appropriate, a recommendation as toliving arrangement and treatment plan;

7. If the appointment of a limited guardian is requested, the specific areasof protection and assistance to be included in the order of appointment and,if the appointment of a limited conservator is requested, the specific areasof management and assistance to be included in the order of appointment;

8. The name and post office address of any proposed guardian or conservatoror any guardian or conservator nominated by the respondent and that person'srelationship to the respondent;

9. The native language of the respondent and any necessary alternative modeof communication;

10. A statement of the financial resources of the respondent that shall, tothe extent known, list the approximate value of the respondent's property andthe respondent's anticipated annual gross income, other receipts, and debts;

11. A statement of whether the petitioner believes that the respondent'sattendance at the hearing would be detrimental to the respondent's health,care, or safety; and

12. A request for appointment of a guardian ad litem.

(1997, c. 921, § 37.1-134.8; 2005, c. 716; 2006, c. 471.)

State Codes and Statutes

Statutes > Virginia > Title-37-2 > Chapter-10 > 37-2-1002

§ 37.2-1002. Who may file petition; contents.

A. Any person may file a petition for the appointment of a guardian, aconservator, or both.

B. A petition for the appointment of a guardian, a conservator, or both,shall state the petitioner's name, place of residence, post office address,and relationship, if any, to the respondent and, to the extent known as ofthe date of filing, shall include the following:

1. The respondent's name, date of birth, place of residence or location, postoffice address and the sealed filing of the social security number;

2. The names and post office addresses of the respondent's spouse, adultchildren, parents, and adult siblings or, if no such relatives are known tothe petitioner, at least three other known relatives of the respondent,including step-children. If a total of three such persons cannot beidentified and located, the petitioner shall certify that fact in thepetition, and the court shall set forth such finding in the final order;

3. The name, place of residence or location, and post office address of theindividual or facility, if any, that is responsible for or has assumedresponsibility for the respondent's care or custody;

4. The name, place of residence or location, and post office address of anyagent designated under a durable power of attorney or an advance directive ofwhich the respondent is the principal or any guardian, committee, orconservator currently acting, whether in this state or elsewhere, with a copyof any such documents, if available, attached by the petitioner;

5. The type of guardianship or conservatorship requested and a briefdescription of the nature and extent of the respondent's alleged incapacity;

6. When the petition requests appointment of a guardian, a brief descriptionof the services currently being provided for the respondent's health, care,safety, or rehabilitation and, where appropriate, a recommendation as toliving arrangement and treatment plan;

7. If the appointment of a limited guardian is requested, the specific areasof protection and assistance to be included in the order of appointment and,if the appointment of a limited conservator is requested, the specific areasof management and assistance to be included in the order of appointment;

8. The name and post office address of any proposed guardian or conservatoror any guardian or conservator nominated by the respondent and that person'srelationship to the respondent;

9. The native language of the respondent and any necessary alternative modeof communication;

10. A statement of the financial resources of the respondent that shall, tothe extent known, list the approximate value of the respondent's property andthe respondent's anticipated annual gross income, other receipts, and debts;

11. A statement of whether the petitioner believes that the respondent'sattendance at the hearing would be detrimental to the respondent's health,care, or safety; and

12. A request for appointment of a guardian ad litem.

(1997, c. 921, § 37.1-134.8; 2005, c. 716; 2006, c. 471.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-37-2 > Chapter-10 > 37-2-1002

§ 37.2-1002. Who may file petition; contents.

A. Any person may file a petition for the appointment of a guardian, aconservator, or both.

B. A petition for the appointment of a guardian, a conservator, or both,shall state the petitioner's name, place of residence, post office address,and relationship, if any, to the respondent and, to the extent known as ofthe date of filing, shall include the following:

1. The respondent's name, date of birth, place of residence or location, postoffice address and the sealed filing of the social security number;

2. The names and post office addresses of the respondent's spouse, adultchildren, parents, and adult siblings or, if no such relatives are known tothe petitioner, at least three other known relatives of the respondent,including step-children. If a total of three such persons cannot beidentified and located, the petitioner shall certify that fact in thepetition, and the court shall set forth such finding in the final order;

3. The name, place of residence or location, and post office address of theindividual or facility, if any, that is responsible for or has assumedresponsibility for the respondent's care or custody;

4. The name, place of residence or location, and post office address of anyagent designated under a durable power of attorney or an advance directive ofwhich the respondent is the principal or any guardian, committee, orconservator currently acting, whether in this state or elsewhere, with a copyof any such documents, if available, attached by the petitioner;

5. The type of guardianship or conservatorship requested and a briefdescription of the nature and extent of the respondent's alleged incapacity;

6. When the petition requests appointment of a guardian, a brief descriptionof the services currently being provided for the respondent's health, care,safety, or rehabilitation and, where appropriate, a recommendation as toliving arrangement and treatment plan;

7. If the appointment of a limited guardian is requested, the specific areasof protection and assistance to be included in the order of appointment and,if the appointment of a limited conservator is requested, the specific areasof management and assistance to be included in the order of appointment;

8. The name and post office address of any proposed guardian or conservatoror any guardian or conservator nominated by the respondent and that person'srelationship to the respondent;

9. The native language of the respondent and any necessary alternative modeof communication;

10. A statement of the financial resources of the respondent that shall, tothe extent known, list the approximate value of the respondent's property andthe respondent's anticipated annual gross income, other receipts, and debts;

11. A statement of whether the petitioner believes that the respondent'sattendance at the hearing would be detrimental to the respondent's health,care, or safety; and

12. A request for appointment of a guardian ad litem.

(1997, c. 921, § 37.1-134.8; 2005, c. 716; 2006, c. 471.)