37.2-1007 - Hearing on petition to appoint. - Virginia Statutes

§ 37.2-1007. Hearing on petition to appoint.

The respondent is entitled to a jury trial, upon request, and may compel theattendance of witnesses, present evidence on his own behalf, and confront andcross-examine witnesses.

The court or, if one is requested, the jury shall hear the petition for theappointment of a guardian or conservator. The hearing may be held at suchconvenient place as the court directs, including the place where therespondent is located. The proposed guardian or conservator shall attend thehearing except for good cause shown and, where appropriate, shall provide thecourt with a recommendation as to living arrangements and a treatment planfor the respondent. The respondent is entitled to be present at the hearingand all other stages of the proceedings. The respondent shall be present ifhe so requests or if his presence is requested by the guardian ad litem.Whether or not present, the respondent shall be regarded as having denied theallegations in the petition.

In determining the need for a guardian or a conservator and the powers andduties of any needed guardian or conservator, consideration shall be given tothe following factors: the limitations of the respondent; the development ofthe respondent's maximum self-reliance and independence; the availability ofless restrictive alternatives, including advance directives and durablepowers of attorney; the extent to which it is necessary to protect therespondent from neglect, exploitation, or abuse; the actions needed to betaken by the guardian or conservator; and the suitability of the proposedguardian or conservator.

If, after considering the evidence presented at the hearing, the court orjury determines on the basis of clear and convincing evidence that therespondent is incapacitated and in need of a guardian or conservator, thecourt shall appoint a suitable person, who may be the spouse of therespondent, to be the guardian or the conservator or both, giving duedeference to the wishes of the respondent.

The court in its order shall make specific findings of fact and conclusionsof law in support of each provision of any orders entered.

(1997, c. 921, § 37.1-134.13; 2005, c. 716; 2009, c. 433.)