37.2-1004 - Notice of hearing; jurisdictional. - Virginia Statutes

§ 37.2-1004. Notice of hearing; jurisdictional.

A. Upon the filing of the petition, the court shall promptly set a date,time, and location for a hearing. The respondent shall be given reasonablenotice of the hearing. The respondent may not waive notice, and a failure toproperly notify the respondent shall be jurisdictional.

B. A respondent, whether or not he resides in the Commonwealth, shall bepersonally served with the notice, a copy of the petition, and a copy of theorder appointing a guardian ad litem pursuant to § 37.2-1003. Acertification, in the guardian ad litem's report required by subsection B of§ 37.2-1003, that the guardian ad litem personally served the respondent withthe notice, a copy of the petition, and a copy of the order appointing aguardian ad litem shall constitute valid personal service for purposes ofthis section.

C. A copy of the notice, together with a copy of the petition, shall bemailed by first class mail by the petitioner at least seven days before thehearing to all adult individuals and to all entities whose names and postoffice addresses appear in the petition. For good cause shown, the court maywaive the advance notice required by this subsection. If the advance noticeis waived, the petitioner shall promptly mail by first class mail a copy ofthe petition and any order entered to those individuals and entities.

D. The notice to the respondent shall include a brief statement in at least14-point type of the purpose of the proceedings and shall inform therespondent of the right to be represented by counsel pursuant to § 37.2-1006and to a hearing pursuant to § 37.2-1007. Additionally, the notice shallinclude the following statement in conspicuous, bold print.

WARNING

AT THE HEARING YOU MAY LOSE MANY OF YOUR RIGHTS. A GUARDIAN MAY BE APPOINTEDTO MAKE PERSONAL DECISIONS FOR YOU. A CONSERVATOR MAY BE APPOINTED TO MAKEDECISIONS CONCERNING YOUR PROPERTY AND FINANCES. THE APPOINTMENT MAY AFFECTCONTROL OF HOW YOU SPEND YOUR MONEY, HOW YOUR PROPERTY IS MANAGED ANDCONTROLLED, WHO MAKES YOUR MEDICAL DECISIONS, WHERE YOU LIVE, WHETHER YOU AREALLOWED TO VOTE, AND OTHER IMPORTANT RIGHTS.

E. The petitioner shall file with the clerk of the circuit court a statementof compliance with subsections B, C and D.

(1997, c. 921, § 37.1-134.10; 2001, c. 30; 2005, c. 716.)