37.2-1003 - Appointment of guardian ad litem.
§ 37.2-1003. Appointment of guardian ad litem.
A. On the filing of every petition for guardianship or conservatorship, thecourt shall appoint a guardian ad litem to represent the interests of therespondent. The guardian ad litem shall be paid a fee that is fixed by thecourt to be paid by the petitioner or taxed as costs, as the court directs.
B. Duties of the guardian ad litem include: (i) personally visiting therespondent; (ii) advising the respondent of rights pursuant to §§ 37.2-1006and 37.2-1007, and certifying to the court that the respondent has been soadvised; (iii) recommending that legal counsel should be appointed for therespondent, pursuant to § 37.2-1006, if the guardian ad litem believes thatcounsel for the respondent is necessary; (iv) investigating the petition andevidence, requesting additional evaluation if necessary, and filing a reportpursuant to subsection C; and (v) personally appearing at all courtproceedings and conferences.
C. In the report required by subsection B (iv), the guardian ad litem shalladdress the following major areas of concern: (i) whether the court hasjurisdiction; (ii) whether or not a guardian or conservator is needed; (iii)the extent of the duties and powers of the guardian or conservator, such aspersonal supervision, financial management, or medical consent only; (iv) thepropriety and suitability of the person selected as guardian or conservator,after consideration of geographic location, familial or other relationshipwith the respondent, ability to carry out the powers and duties of theoffice, commitment to promoting the respondent's welfare, any potentialconflicts of interests, wishes of the respondent, and recommendations ofrelatives; (v) a recommendation as to the amount of surety on theconservator's bond, if any; and (vi) consideration of proper residentialplacement of the respondent.
D. A health care provider shall disclose or make available to the guardian adlitem, upon request, any information, records, and reports concerning therespondent that the guardian ad litem determines necessary to perform hisduties under this section.
(1997, c. 921, § 37.1-134.9; 2004, cc. 66, 1014; 2005, c. 716.)