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Virginia Administrative Code
Title 22. Social Services
Agency 30. Department For Aging And Rehabilitative Services
Chapter 70. The Virginia Public Guardian and Conservator Program
9/19/2021

22VAC30-70-10. Definitions.

The following words and terms when used in this regulation shall have the following meaning unless the context clearly indicates otherwise:

"Advisory board" means the Virginia Public Guardian and Conservator Advisory Board as authorized by §§ 51.5-149.1 and 51.5-149.2 of the Code of Virginia.

"Client" means a person who has been adjudicated incapacitated and who is receiving public guardian or conservator services from a public guardian program.

"Conservator" means a person appointed by a court who is responsible for managing the estate and financial affairs of an incapacitated person and, where the context plainly indicates, includes a "limited conservator" or a "temporary conservator." The term includes (i) a local or regional program designated by the Department for Aging and Rehabilitative Services as a public conservator pursuant to Article 6 (§ 51.5-149 et seq.) of Chapter 14 of Title 51.5 of the Code of Virginia or (ii) any local or regional tax-exempt charitable organization established pursuant to § 501(c)(3) of the Internal Revenue Code to provide conservatorial services to incapacitated persons. Such tax-exempt charitable organization shall not be a provider of direct services to the incapacitated person. If a tax-exempt charitable organization has been designated by the Virginia Department for Aging and Rehabilitative Services as a public conservator, it may also serve as a conservator for other individuals.

"Department" means the Department for Aging and Rehabilitative Services.

"Face-to-face" means an in-person meeting with the client.

"Guardian" means a person appointed by a court who is responsible for the personal affairs of an incapacitated person, including responsibility for making decisions regarding the person's support, care, health, safety, habilitation, education, therapeutic treatment, and, if not inconsistent with an order of involuntary admission, residence. Where the context plainly indicates, the term includes a "limited guardian" or a "temporary guardian." The term includes (i) a local or regional program designated by the department as a public guardian pursuant to Article 6 (§ 51.5-149 et seq.) of Chapter 14 of Title 51.5 of the Code of Virginia or (ii) any local or regional tax-exempt charitable organization established pursuant to § 501(c)(3) of the Internal Revenue Code to provide guardian services to incapacitated persons. Such tax-exempt charitable organization shall not be a provider of direct services to the incapacitated person. If a tax-exempt charitable organization has been designated by the department as a public guardian, it may also serve as a guardian for other individuals.

"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 of the Code of Virginia unless the court order entered pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2 of the Code of Virginia specifically provides otherwise.

"Indigent" means a person who (i) is eligible for or receiving state-funded or federally-funded public assistance benefits whose eligibility for such benefits is based in whole or part upon an evaluation of their income against federal poverty guidelines, (ii) as otherwise defined in § 19.2-159 of the Code of Virginia, or (iii) whose resources have been determined by a Virginia circuit court to be so limited as to satisfy the criteria for appointment of a public guardian, public conservator, or both set forth in § 64.2-2010 of the Code of Virginia.

"Least restrictive alternatives" means, but is not limited to money management services including bill payer and representative payee services, care management, and services provided pursuant to a financial or health care power of attorney.

"Minimal fee" means allowable fees collected or payable from government sources and shall not include any funds from an incapacitated person's estate.

"Public guardian program" means the program operated by the public guardian program contractor pursuant to a contract with the department to provide public guardianship services, public conservatorship services, or both pursuant to Article 6 (§ 51.5-149 et seq.) of Chapter 14 of Title 51.5 of the Code of Virginia. For the purposes of this chapter, a regional public guardian program shall be equivalent to a local public guardian program.

"Public guardian program contractor" means a legal entity with whom the department has entered into a contract to operate a public guardian program.

"Virginia Public Guardian and Conservator Program" means the statewide program administered by the department pursuant to Article 6 (§ 51.5-149 et seq.) of Chapter 14 of Title 51.5 of the Code of Virginia and operationalized through a network of public guardian program contractors under contract with the department.

"Volunteer" means a person, including an unpaid intern, who works with the public guardian program and:

1. Is not paid for services provided to the public guardian program; and

2. Is not counted in the client-to-staff ratio.

Statutory Authority

§ 51.5-131 of the Code of Virginia.

Historical Notes

Former 22VAC5-30-10 derived from Virginia Register Volume 24, Issue 25, eff. January 1, 2009; amended and renumbered Virginia Register Volume 29, Issue 4, eff. November 22, 2012; Volume 37, Issue 19, eff. June 25, 2021.

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