CODE OF VIRGINIA MENTAL INCAPACITY (§ 46.2-314) No driver’s license shall be issued to any applicant who has previously been adjudged incapacitated and who has not, at the time of such application, been (i) adjudged restored to capacity by judicial decree or (ii) released from a hospital for individuals with mental illness on a certificate of the superintendent of the hospital that the person is capable. In either case, no driver’s license shall be issued to him unless the Department is satisfied that he is competent to drive a motor vehicle with safety to persons and property. HISTORY: Code 1950, § 46-356; 1958, c. 541, § 46.1-360; 1976, c. 368; 1984, c. 780; 1989, c. 727; 1997, c. 801; 2012, cc. 476, 507.