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2022 SESSION
22105239DBe it enacted by the General Assembly of Virginia:
1. That § 64.2-2003 of the Code of Virginia is amended and reenacted as follows:
§ 64.2-2003. Appointment of guardian ad litem.
A. On the filing of every petition for guardianship or conservatorship, the court shall appoint a guardian ad litem to represent the interests of the respondent. The guardian ad litem shall be paid a fee that is fixed by the court to be paid by the petitioner or taxed as costs, as the court directs.
B. Duties of the guardian ad litem include (i) personally
visiting the respondent; (ii) advising the respondent of rights pursuant to §§
64.2-2006 and 64.2-2007 and certifying to the court that the respondent has
been so advised; (iii) recommending that legal counsel be appointed for the
respondent, pursuant to § 64.2-2006, if the guardian ad litem believes that
counsel for the respondent is necessary; (iv) notifying the court as soon as
practicable if the respondent requests counsel regardless of whether the
guardian ad litem recommends counsel; (v) investigating the petition and
evidence, requesting additional evaluation if necessary, considering whether a
less restrictive alternative to guardianship or conservatorship is available,
including the use of an advance directive, supported decision-making agreement,
or durable power of attorney, and filing a report pursuant to subsection C; and
(v) (vi) personally appearing at all court proceedings and
conferences. If the respondent is between 17 and a half and 21 years of age and
has an Individualized Education Plan (IEP) and transition plan, the guardian ad
litem shall review such IEP and transition plan and include the results of his
review in the report required by clause (iv) (v).
C. In the report required by clause (iv) (v) of
subsection B, the guardian ad litem shall address the following major areas of
concern: (i) whether the court has jurisdiction; (ii) whether a guardian or
conservator is needed based on evaluations and reviews conducted pursuant to
subsection B; (iii) the extent of the duties and powers of the guardian or
conservator; (iv) the propriety and suitability of the person selected as
guardian or conservator after consideration of the person's geographic
location, familial or other relationship with the respondent, ability to carry
out the powers and duties of the office, commitment to promoting the
respondent's welfare, any potential conflicts of interests, wishes of the
respondent, and recommendations of relatives; (v) a recommendation as to the
amount of surety on the conservator's bond, if any; and (vi) consideration of
proper residential placement of the respondent. The report shall also
contain an explanation by the guardian ad litem as to any (a) decision not to
recommend the appointment of counsel for the respondent, (b) determination that
a less restrictive alternative to guardianship or conservatorship is not
available, and (c) determination that appointment of a limited guardian or
conservator is not appropriate.
D. A health care provider and local school division shall disclose or make available to the guardian ad litem, upon request, any information, records, and reports concerning the respondent that the guardian ad litem determines necessary to perform his duties under this section.