Virginia's Judicial System

About Guardians Ad Litem For Incapacitated Persons
Pursuant to Chapter 20 of Title 64.2

The Office of the Executive Secretary of the Supreme Court of Virginia maintains a list of attorneys admitted to practice law in Virginia who satisfy the Standards to Govern the Appointment of Guardians Ad Litem for Incapacitated Persons Pursuant to Chapter 20 of Title 64.2, Code of Virginia adopted by the Judicial Council of Virginia. This list of attorneys who are qualified to serve as guardians ad litem for incapacitated persons (adults) in guardianship and conservatorship proceedings in the circuit courts is made available online.

The appointment of a guardian ad litem to represent the interests of the respondent is mandatory in cases in which a petition for guardianship or conservatorship is filed in the circuit court. Virginia Code §64.2-2003. The definition of an incapacitated person, as it relates to this program, is found in Virginia Code § 64.2-2000, which states that:

“Incapacitated person” means an adult who has been found by a court to be incapable of receiving and evaluating information effectively or responding to people, events, or environments to such an extent that the individual lacks the capacity to (i) meet the essential requirements for his health, care, safety, or therapeutic needs without the assistance or protection of a guardian or (ii) manage property or financial affairs or provide for his support or for the support of his legal dependents without the assistance or protection of a conservator. A finding that the individual displays poor judgment alone shall not be considered sufficient evidence that the individual is an incapacitated person within the meaning of this definition. A finding that a person is incapacitated shall be construed as a finding that the person is "mentally incompetent" as that term is used in Article II, Section 1 of the Constitution of Virginia and Title 24.2 unless the court order entered pursuant to this chapter specifically provides otherwise.