37.2-1011 - Qualification of guardian or conservator; clerk to record order and issue certificate; reliance on certificate.
§ 37.2-1011. Qualification of guardian or conservator; clerk to record orderand issue certificate; reliance on certificate.
A guardian or conservator appointed in the court order shall qualify beforethe clerk upon the following:
1. Subscribing to an oath promising to faithfully perform the duties of theoffice in accordance with all provisions of this chapter;
2. Posting of bond, but no surety shall be required on the bond of theguardian, and the conservator's bond may be with or without surety, asordered by the court; and
3. Acceptance in writing by the guardian or conservator of any educationalmaterials provided by the court.
Upon qualification, the clerk shall issue to the guardian or conservator acertificate with a copy of the order appended thereto. The clerk shall recordthe order in the same manner as a power of attorney would be recorded andshall, in addition to the requirements of § 37.2-1014, provide a copy of theorder to the commissioner of accounts. It shall be the duty of a conservatorhaving the power to sell real estate to record the order in the office of theclerk of any jurisdiction where the respondent owns real property. If theorder appoints a guardian, the clerk shall promptly forward a copy of theorder to the local department of social services in the jurisdiction wherethe respondent then resides.
A conservator shall have all powers granted pursuant to § 37.2-1022 as arenecessary and proper for the performance of his duties in accordance withthis chapter, subject to the limitations that are prescribed in the order.The powers granted to a guardian include only those powers enumerated in thecourt order.
Any individual or entity conducting business in good faith with a guardian orconservator who presents a currently effective certificate of qualificationmay presume that the guardian or conservator is properly authorized to act asto any matter or transaction, except to the extent of any limitations uponthe fiduciary's powers contained in the court's order of appointment.
(1997, c. 921, § 37.1-134.15; 1998, c. 582; 2005, c. 716.)