When A Court Appoints A Guardian
Va. Code 64.2-2007 — clear and convincing evidence, after weighing advance directives and powers of attorney
Clear and convincing. A guardian or conservator is appointed only if the court or jury determines on clear and convincing evidence that the respondent is incapacitated and in need of one. The court gives due deference to the respondent's wishes in choosing who serves.
What the court weighs. Among the matters considered is the availability of less restrictive alternatives, including advance directives, supported decision-making agreements and durable powers of attorney.
Guardians for minors, emergency and temporary appointments, the guardian's duties and reports, and how a guardianship is ended or changed are set out in other sections and are not on this page. Whether a particular person needs a guardian is decided by a court on evidence, and is a question for a licensed Virginia attorney.
Sources for this section (1)
- Va. Code 64.2-2007 — Hearing on petition to appoint
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.