37.2-1010 - Eligibility for public guardian or conservator. - Virginia Statutes

§ 37.2-1010. Eligibility for public guardian or conservator.

The circuit court may appoint a local or regional program authorized by theDepartment for the Aging pursuant to Article 2 (§ 2.2-711 et seq.) of Chapter7 of Title 2.2 as the guardian or conservator for any resident of theCommonwealth who is found to be incapacitated if the court finds that (i) theincapacitated person's resources are insufficient to fully compensate aprivate guardian and pay court costs and fees associated with the appointmentproceeding and (ii) there is no other proper and suitable person willing andable to serve in such capacity or there is no guardian or conservatorappointed within one month of adjudication pursuant to § 37.2-1015. Theguidelines for determining indigency set forth in § 19.2-159 shall be used bythe court in determining the sufficiency of the respondent's estate. If therespondent would be eligible for the appointment of counsel pursuant to §19.2-159, he shall be eligible for the appointment of a public guardian orconservator pursuant to this section.

(1998, c. 787, § 37.1-134.14:1; 2005, cc. 712, 716.)