Va. Code § 64.2-2000: Virginia's Guardianship and Conservatorship Statute Explained

What These Statutes Cover

Virginia Code Title 64.2, Chapter 20 is the legal foundation for every adult guardianship and conservatorship case in the Commonwealth. If you are researching guardianship for a disabled family member, this is the body of law the circuit court applies. Here is what the key sections mean in practice.

§ 64.2-2000: Definitions

This section defines the core terms the entire chapter relies on:

"Incapacitated person" — an adult who has been found by the court to be unable to receive and evaluate information, make or communicate decisions, or manage their financial resources. The statute is specific: incapacity is not assumed based on a diagnosis. It must be demonstrated through evidence of functional limitations.

"Guardian" — a person appointed by the court to manage the personal affairs of an incapacitated person (healthcare, housing, daily living). A guardian does not handle money.

"Conservator" — a person appointed to manage the financial affairs and property of an incapacitated person. A conservator does not make personal care decisions.

"Limited guardian" or "limited conservator" — a fiduciary whose authority is restricted to specific areas where the individual has been found incapacitated. The individual retains all rights not specifically removed by the court order.

§ 64.2-2007: Hearing on Petition to Appoint

This section governs what happens at the guardianship hearing:

• The hearing must occur within 120 days of petition filing, unless postponed for cause
• The proposed guardian or conservator must attend
• The respondent has the right to be present, to be represented by counsel, to demand a jury trial, and to compel and cross-examine witnesses
• The court must find incapacity by clear and convincing evidence — a higher standard than the ordinary civil "preponderance" standard

§ 64.2-2009: Limited Guardianships and Conservatorships

This is the section families of disabled adults reference most often. It establishes two critical rules:

1. The less-restrictive-alternative mandate. Before entering any guardianship order, the court must determine whether alternatives — supported decision-making, powers of attorney, advance directives — would adequately serve the individual's needs. The court must explain in its order why those alternatives are insufficient.

2. The government-benefit exemption. Under § 64.2-2009(A), a conservator does not need to be appointed if the individual's sole or major source of income comes from SSI, SSDI, or another government program and they already have a Representative Payee managing those funds. For many families of disabled adults whose children receive only SSI, this exemption eliminates the need for a conservatorship entirely.

3. Rights retained. The court order must explicitly list which rights the individual retains and which are removed. A limited guardianship can preserve rights such as voting, marriage, choosing personal relationships, and participating in care planning while granting the guardian authority only over specific areas like medical consent or residential placement.

§ 64.2-2012: Modification, Termination, and Restoration

Every guardianship order is reviewable. Any interested person — including the individual under guardianship — can petition for modification, termination, or full restoration of rights. If the ward is not represented by counsel, they can initiate this process by sending an informal written communication to the court (even a handwritten letter).

§ 64.2-2019: Guardian Duties and Powers

Defines what a guardian can and must do:

• Make decisions about the ward's support, care, health, safety, and living situation
• Maintain contact through mandatory visits (three per year minimum)
• File annual reports with the Department of Social Services
• Stand in a fiduciary relationship — the guardian can be held personally liable for breaching their duties

§ 64.2-2005: Evaluation Report

Requires a medical or psychological evaluation filed under seal. The evaluation must be conducted no more than six months before the hearing by a licensed physician, clinical psychologist, or other qualified professional. It addresses the respondent's physical and mental condition, functional limitations, and capacity for self-care and decision-making.

Why This Matters for Your Planning

Understanding these statutes helps you approach the guardianship question strategically rather than reactively. The law favors limited intervention, requires the court to consider alternatives first, and builds in mechanisms for restoring rights later. A guardianship petition that demonstrates you have already explored the alternatives-first approach — and can explain why they fell short — is far stronger than one that jumps straight to court.

The Virginia Adult Guardianship & Alternatives Guide translates these statutory requirements into a practical decision framework with step-by-step instructions for each pathway.

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