37.2-1015 - When no guardian or conservator appointed within one month of adjudication. - Virginia Statutes

§ 37.2-1015. When no guardian or conservator appointed within one month ofadjudication.

If a person is adjudicated incapacitated and in need of a guardian orconservator and the court has not identified any person to serve as guardianor conservator within one month from the adjudication, the court may appointa local or regional program of the Virginia Public Guardian and ConservatorProgram authorized by the Department for the Aging pursuant to Article 2 (§2.2-711 et seq.) of Chapter 7 of Title 2.2. If there is no such local orregional program within the court's jurisdiction, the court may appoint anylocal or regional program within 60 miles of the residence of theincapacitated person as identified by the Department for the Aging. However,the court shall not appoint any such local or regional program that hasreached or exceeded its ideal ratio of clients to staff pursuant toregulations adopted by the Department for the Aging under § 2.2-712.

If any person appointed as a fiduciary under this title refuses the trust orfails to give bond as required within one month from the date of hisappointment, the court, on motion of any interested person, may appoint someother person as fiduciary, taking from the fiduciary the bond required, orshall commit the estate of the respondent to the sheriff of the county orcity of which the respondent is an inhabitant; the sheriff shall be thefiduciary, and he and the sureties in his official bond shall be bound forthe faithful performance of the trust.

(Code 1950, § 37-145; 1950, p. 923; 1968, c. 477, § 37.1-137; 1971, Ex.Sess., c. 155; 1976, c. 671; 1997, c. 921, § 37.1-134.19; 1998, c. 787; 2005,cc. 712, 716.)