CODE OF VIRGINIA

ELIGIBILITY FOR PUBLIC GUARDIAN OR CONSERVATOR (§ 64.2-2010)

The circuit court may appoint a local or regional program authorized by the
Department for Aging and Rehabilitative Services pursuant to Article 6 (§
51.5-149 et seq.) of Chapter 14 of Title 51.5 as the guardian or conservator for
any resident of the Commonwealth who is found to be incapacitated if the court
finds that (i) the incapacitated person’s resources are insufficient to
fully compensate a private guardian and pay court costs and fees associated with
the appointment proceeding and (ii) there is no other proper and suitable person
willing and able to serve in such capacity or there is no guardian or
conservator appointed within one month of adjudication pursuant to § 64.2-2015.
The court shall use the guidelines for determining indigency set forth in §
19.2-159 in determining the sufficiency of the respondent’s estate. If the
respondent would be eligible for the appointment of counsel pursuant to §
19.2-159, he shall be eligible for the appointment of a public guardian or
conservator pursuant to this section.

HISTORY: 1998, c. 787, § 37.1-134.14:1; 2005, cc. 712, 716, § 37.2-1010; 2012,
cc. 614, 803, 835.