§ 37.2-1009. Court order of appointment; limited guardianships andconservatorships.
The court's order appointing a guardian or conservator shall: (i) state thenature and extent of the person's incapacity; (ii) define the powers andduties of the guardian or conservator so as to permit the incapacitatedperson to care for himself and manage property to the extent he is capable;(iii) specify whether the appointment of a guardian or conservator is limitedto a specified length of time, as the court in its discretion may determine;(iv) specify the legal disabilities, if any, of the person in connection withthe finding of incapacity, including but not limited to mental competency forpurposes of Article II, Section 1 of the Constitution of Virginia or Title24.2; (v) include any limitations deemed appropriate following considerationof the factors specified in § 37.2-1007; and (vi) set the bond of theguardian and the bond and surety, if any, of the conservator.
The court may appoint a limited guardian for an incapacitated person who iscapable of addressing some of the essential requirements for his care for thelimited purpose of medical decision making, decisions about place ofresidency, or other specific decisions regarding his personal affairs.
Unless the guardian has a professional relationship with the incapacitatedperson or is employed by or affiliated with a facility where the personresides, the court's order may authorize the guardian to consent to theadmission of the person to a facility pursuant to § 37.2-805.1, upon findingby clear and convincing evidence that (i) the person has severe andpersistent mental illness that significantly impairs the person's capacity toexercise judgment or self-control, as confirmed by the evaluation of alicensed psychiatrist; (ii) such condition is unlikely to improve in theforeseeable future; and (iii) the guardian has formulated a plan forproviding ongoing treatment of the person's illness in the least restrictivesetting suitable for the person's condition.
A guardian need not be appointed for a person who has appointed an agentunder an advance directive executed in accordance with the provisions ofArticle 8 (§ 54.1-2981 et seq.) of Chapter 29 of Title 54.1, unless the courtdetermines that the agent is not acting in accordance with the wishes of theprincipal or there is a need for decision making outside the purview of theadvance directive.
The court may appoint a limited conservator for an incapacitated person whois capable of managing some of his property and financial affairs for limitedpurposes specified in the order.
A conservator need not be appointed for a person (i) who has appointed anagent under a durable power of attorney, unless the court determines pursuantto § 26-72 that the agent is not acting in the best interests of theprincipal or there is a need for decision making outside the purview of thedurable power of attorney or (ii) whose only or major source of income isfrom the Social Security Administration or other government program and whohas a representative payee.
(1997, c. 921, § 37.1-134.14; 1998, c. 582; 2005, c. 716; 2009, cc. 211, 268;2010, cc. 455, 632.)
§ 37.2-1009. Court order of appointment; limited guardianships andconservatorships.
The court's order appointing a guardian or conservator shall: (i) state thenature and extent of the person's incapacity; (ii) define the powers andduties of the guardian or conservator so as to permit the incapacitatedperson to care for himself and manage property to the extent he is capable;(iii) specify whether the appointment of a guardian or conservator is limitedto a specified length of time, as the court in its discretion may determine;(iv) specify the legal disabilities, if any, of the person in connection withthe finding of incapacity, including but not limited to mental competency forpurposes of Article II, Section 1 of the Constitution of Virginia or Title24.2; (v) include any limitations deemed appropriate following considerationof the factors specified in § 37.2-1007; and (vi) set the bond of theguardian and the bond and surety, if any, of the conservator.
The court may appoint a limited guardian for an incapacitated person who iscapable of addressing some of the essential requirements for his care for thelimited purpose of medical decision making, decisions about place ofresidency, or other specific decisions regarding his personal affairs.
Unless the guardian has a professional relationship with the incapacitatedperson or is employed by or affiliated with a facility where the personresides, the court's order may authorize the guardian to consent to theadmission of the person to a facility pursuant to § 37.2-805.1, upon findingby clear and convincing evidence that (i) the person has severe andpersistent mental illness that significantly impairs the person's capacity toexercise judgment or self-control, as confirmed by the evaluation of alicensed psychiatrist; (ii) such condition is unlikely to improve in theforeseeable future; and (iii) the guardian has formulated a plan forproviding ongoing treatment of the person's illness in the least restrictivesetting suitable for the person's condition.
A guardian need not be appointed for a person who has appointed an agentunder an advance directive executed in accordance with the provisions ofArticle 8 (§ 54.1-2981 et seq.) of Chapter 29 of Title 54.1, unless the courtdetermines that the agent is not acting in accordance with the wishes of theprincipal or there is a need for decision making outside the purview of theadvance directive.
The court may appoint a limited conservator for an incapacitated person whois capable of managing some of his property and financial affairs for limitedpurposes specified in the order.
A conservator need not be appointed for a person (i) who has appointed anagent under a durable power of attorney, unless the court determines pursuantto § 26-72 that the agent is not acting in the best interests of theprincipal or there is a need for decision making outside the purview of thedurable power of attorney or (ii) whose only or major source of income isfrom the Social Security Administration or other government program and whohas a representative payee.
(1997, c. 921, § 37.1-134.14; 1998, c. 582; 2005, c. 716; 2009, cc. 211, 268;2010, cc. 455, 632.)
§ 37.2-1009. Court order of appointment; limited guardianships andconservatorships.
The court's order appointing a guardian or conservator shall: (i) state thenature and extent of the person's incapacity; (ii) define the powers andduties of the guardian or conservator so as to permit the incapacitatedperson to care for himself and manage property to the extent he is capable;(iii) specify whether the appointment of a guardian or conservator is limitedto a specified length of time, as the court in its discretion may determine;(iv) specify the legal disabilities, if any, of the person in connection withthe finding of incapacity, including but not limited to mental competency forpurposes of Article II, Section 1 of the Constitution of Virginia or Title24.2; (v) include any limitations deemed appropriate following considerationof the factors specified in § 37.2-1007; and (vi) set the bond of theguardian and the bond and surety, if any, of the conservator.
The court may appoint a limited guardian for an incapacitated person who iscapable of addressing some of the essential requirements for his care for thelimited purpose of medical decision making, decisions about place ofresidency, or other specific decisions regarding his personal affairs.
Unless the guardian has a professional relationship with the incapacitatedperson or is employed by or affiliated with a facility where the personresides, the court's order may authorize the guardian to consent to theadmission of the person to a facility pursuant to § 37.2-805.1, upon findingby clear and convincing evidence that (i) the person has severe andpersistent mental illness that significantly impairs the person's capacity toexercise judgment or self-control, as confirmed by the evaluation of alicensed psychiatrist; (ii) such condition is unlikely to improve in theforeseeable future; and (iii) the guardian has formulated a plan forproviding ongoing treatment of the person's illness in the least restrictivesetting suitable for the person's condition.
A guardian need not be appointed for a person who has appointed an agentunder an advance directive executed in accordance with the provisions ofArticle 8 (§ 54.1-2981 et seq.) of Chapter 29 of Title 54.1, unless the courtdetermines that the agent is not acting in accordance with the wishes of theprincipal or there is a need for decision making outside the purview of theadvance directive.
The court may appoint a limited conservator for an incapacitated person whois capable of managing some of his property and financial affairs for limitedpurposes specified in the order.
A conservator need not be appointed for a person (i) who has appointed anagent under a durable power of attorney, unless the court determines pursuantto § 26-72 that the agent is not acting in the best interests of theprincipal or there is a need for decision making outside the purview of thedurable power of attorney or (ii) whose only or major source of income isfrom the Social Security Administration or other government program and whohas a representative payee.
(1997, c. 921, § 37.1-134.14; 1998, c. 582; 2005, c. 716; 2009, cc. 211, 268;2010, cc. 455, 632.)
