Subject to any conditions or limitations set forth in the order appointing him, the fiduciary shall take possession of the incapacitated person‘s estate and may sue and be sued in respect to all claims or demands of every nature in favor of or against the incapacitated person and the incapacitated person’s estate. The fiduciary shall have the same right of retaining for his own debt as an administrator would have.

Terms Used In Virginia Code 64.2-2024

  • Estate: includes both real and personal property. See Virginia Code 64.2-2000
  • Fiduciary: includes a guardian, committee, trustee, executor, conservator, or personal representative. See Virginia Code 64.2-100
  • Fiduciary: A trustee, executor, or administrator.
  • 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. See Virginia Code 64.2-2000

Code 1950, § 37-147; 1968, c. 477, § 37.1-139; 1980, c. 582; 2005, c. 716, § 37.2-1025; 2012, c. 614.

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