37.2-1001 - Filing of petition; jurisdiction; instructions to be provided. - Virginia Statutes

§ 37.2-1001. Filing of petition; jurisdiction; instructions to be provided.

A. A petition for the appointment of a guardian or conservator shall be filedwith the circuit court of the county or city in which the respondent is aresident or is located or in which the respondent resided immediately priorto becoming a patient, voluntarily or involuntarily, in a hospital, includinga hospital licensed by the Department of Health pursuant to § 32.1-123, or aresident in a nursing facility or nursing home, convalescent home, assistedliving facility as defined in § 63.2-100, or any other similar institutionor, if the petition is for the appointment of a conservator for a nonresidentwith property in the state, in the city or county in which the respondent'sproperty is located.

B. Where the petition is brought by a parent or guardian of a respondent whois under the age of 18, the petition may be filed no earlier than six monthsprior to the respondent's eighteenth birthday. Where the petition is broughtby any other person, the petition may be filed no earlier than therespondent's eighteenth birthday.

C. Instructions regarding the duties, powers, and liabilities of guardiansand conservators shall be provided to each clerk of court by the Office ofthe Executive Secretary of the Supreme Court, and the clerk shall providethat information to each guardian and conservator upon notice of appointment.

D. The circuit court in which the proceeding is first commenced may order atransfer of venue if it would be in the best interest of the respondent.

(1997, c. 921, § 37.1-134.7; 2001, c. 274; 2002, c. 736; 2005, c. 716; 2006,c. 552.)