37.2-1008 - Fees and costs. - Virginia Statutes

§ 37.2-1008. Fees and costs.

The petitioner shall pay the filing fee, as provided in subdivision A 43 of §17.1-275, and costs. Service fees and court costs may be waived by the courtif it is alleged under oath that the estate of the respondent is unavailableor insufficient. If a guardian or conservator is appointed and the estate ofthe incapacitated person is available and sufficient therefor, the courtshall order that the petitioner be reimbursed from the estate for all costsand fees. If a guardian or conservator is not appointed and the courtnonetheless finds that the petition is brought in good faith and for thebenefit of the respondent, the court may direct the respondent's estate, ifavailable and sufficient, to reimburse the petitioner for all costs and fees.

In any proceeding filed pursuant to this article, if the adult subject of thepetition is determined to be indigent, any fees and costs of the proceedingthat are fixed by the court or taxed as costs shall be borne by theCommonwealth.

(1998, c. 76, § 37.1-134.13:1; 2005, c. 716.)