2006 Code of Virginia § 37.2-1013 - Standby guardianship or conservatorship for incapacitated persons

37.2-1013. Standby guardianship or conservatorship for incapacitatedpersons.

A. For purposes of this section, the term "person" includes a child or aparent sharing a biological relationship with one another or having arelationship established by adoption, a relationship established pursuant toChapter 9 ( 20-156 et seq.) of Title 20, or a relationship established by ajudicial proceeding that establishes parentage or orders legal guardianship.The term includes persons 18 years of age and over.

B. On petition of one or both parents, one or more children, or the legalguardian of an incapacitated person made to the circuit court in which theparent, parents, child, children, or legal guardian resides, the court mayappoint a standby guardian of the person or a standby conservator of theproperty, or both, of the incapacitated person. The appointment of thestandby fiduciary shall be affirmed biennially by the parent, parents, child,children, or legal guardian of the person and by the standby fiduciary priorto his assuming his position as fiduciary by filing with the court anaffidavit that states that the appointee remains available and capable tofulfill his duties.

The standby fiduciary shall be authorized without further proceedings toassume the duties of his office immediately upon the death or adjudication ofincapacity of the last surviving of the parents or children of theincapacitated person or of his legal guardian, subject to confirmation of hisappointment by the circuit court within 60 days following assumption of hisduties. If the incapacitated person is 18 years of age or older, the court,before confirming the appointment of the standby fiduciary, shall conduct ahearing pursuant to this article. The requirements of the court and thepowers, duties, and liabilities that pertain to guardians and conservatorsgovern the confirmation of the standby fiduciary and shall apply to thestandby fiduciary upon the assumption of his duties.

(1997, c. 921, 37.1-134.17; 2004, c. 135; 2005, c. 716.)