2006 Code of Virginia § 37.2-1020 - Duties and powers of guardian

37.2-1020. Duties and powers of guardian.

A. A guardian stands in a fiduciary relationship to the incapacitated personfor whom he was appointed guardian and may be held personally liable for abreach of any fiduciary duty to the incapacitated person. A guardian shallnot be liable for the acts of the incapacitated person, unless the guardianis personally negligent. A guardian shall not be required to expend personalfunds on behalf of the incapacitated person.

B. A guardian's duties and authority shall not extend to decisions addressedin a valid advance directive or durable power of attorney previously executedby the incapacitated person. A guardian may seek court authorization torevoke, suspend, or otherwise modify a durable power of attorney, as providedby 11-9.1. Notwithstanding the provisions of the Health Care Decisions Act( 54.1- 2981 et seq.) and in accordance with the procedures of 37.2-1012,a guardian may seek court authorization to modify the designation of an agentunder an advance directive, but the modification shall not in any way affectthe incapacitated person's directives concerning the provision or refusal ofspecific medical treatments or procedures.

C. A guardian shall maintain sufficient contact with the incapacitated personto know of his capabilities, limitations, needs, and opportunities. Theguardian shall visit the incapacitated person as often as necessary.

D. A guardian shall be required to seek prior court authorization to changethe incapacitated person's residence to another state, to terminate orconsent to a termination of the person's parental rights, or to initiate achange in the person's marital status.

E. A guardian shall, to the extent feasible, encourage the incapacitatedperson to participate in decisions, to act on his own behalf, and to developor regain the capacity to manage personal affairs. A guardian, in makingdecisions, shall consider the expressed desires and personal values of theincapacitated person to the extent known and shall otherwise act in theincapacitated person's best interest and exercise reasonable care, diligence,and prudence.

(1997, c. 921, 37.1-137.1; 2005, c. 716.)