CODE OF VIRGINIA

STANDBY GUARDIANSHIP OR CONSERVATORSHIP FOR INCAPACITATED PERSONS (§ 64.2-2013)

A. For purposes of this section, the term “person” includes a child
or a parent sharing a biological relationship with one another or having a
relationship established by adoption, a relationship established pursuant to
Chapter 9 (§ 20-156 et seq.) of Title 20, or a relationship established by a
judicial 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 legal
guardian of an incapacitated person made to the circuit court for the
jurisdiction where the parent, parents, child, children, or legal guardian
resides, the court may appoint a standby guardian or a standby conservator, or
both, of the incapacitated person. The appointment of the standby fiduciary
shall be affirmed biennially by the parent, parents, child, children, or legal
guardian of the person and by the standby fiduciary prior to his assuming his
position as fiduciary by filing with the court an affidavit that states that the
standby fiduciary remains available and capable to fulfill his duties.

C. The standby fiduciary shall be authorized without further proceedings to
assume the duties of his office immediately upon the death or adjudication of
incapacity of the last surviving of the parents or children of the incapacitated
person or of his legal guardian, subject to confirmation of his appointment by
the circuit court within 60 days following assumption of his duties. If the
incapacitated person is 18 years of age or older, the court, before confirming
the appointment of the standby fiduciary, shall conduct a hearing pursuant to
this article. The requirements of the court and the powers, duties, and
liabilities that pertain to guardians and conservators govern the confirmation
of the standby fiduciary and shall apply to the standby fiduciary upon the
assumption of his duties.

HISTORY: 1997, c. 921, § 37.1-134.17; 2004, c. 135; 2005, c. 716, § 37.2-1013;
2012, c. 614.