Va. Code » Title 64.2. Wills, Trusts, and Fiduciaries » Subtitle IV. Fiduciaries and Guardians » Part D. Guardianship of Incapacitated Persons » Chapter 20. Guardianship and Conservatorship » Article 2. Powers,
Virginia Code

Va. Code Ann. § 64.2-2022 (2026)

Management powers and duties of conservator

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A. A conservator, in managing the estate, shall have the powers set forth in § 64.2-105 as of the date the conservator acts as well as the following powers, which may be exercised without prior court authorization except as otherwise specifically provided in the court's order of appointment:

1. To ratify or reject a contract entered into by an incapacitated person;

2. To pay any sum distributable for the benefit of the incapacitated person or for the benefit of a legal dependent by paying the sum directly to the distributee, to the provider of goods and services, to any individual or facility that is responsible for or has assumed responsibility for care and custody, or to a distributee's custodian under a Uniform Gifts or Transfers to Minors Act of any applicable jurisdiction or by paying the sum to the guardian of the incapacitated person or, in the case of a dependent, to the dependent's guardian or conservator;

3. To maintain life, health, casualty, and liability insurance for the benefit of the incapacitated person or his legal dependents;

4. To manage the estate following the termination of the conservatorship until its delivery to the incapacitated person or successors in interest;

5. To execute and deliver all instruments and to take all other actions that will serve in the best interests of the incapacitated person;

6. To initiate a proceeding (i) to revoke a power of attorney under the provisions of the Uniform Power of Attorney Act (§ 64.2-1600 et seq.), (ii) to make an augmented estate election under § 64.2-302 or 64.2-308.13, as applicable, or (iii) to make an election to take a family allowance, exempt property, or a homestead allowance under § 64.2-313; and

7. To borrow money for periods of time and upon terms and conditions for rates, maturities, renewals, and security that to the conservator shall seem advisable, including the power to borrow from the conservator, if the conservator is a bank, for any purpose; to mortgage or pledge the portion of the incapacitated person's estate that may be required to secure the loan or loans; and, as maker or endorser, to renew existing loans.

B. The court may impose requirements to be satisfied by the conservator prior to the conveyance of any interest in real estate, including (i) increasing the amount of the conservator's bond, (ii) securing an appraisal of the real estate or interest, (iii) giving notice to interested parties as the court deems proper, (iv) consulting by the conservator with the commissioner of accounts and, if one has been appointed, with the guardian, and (v) requiring the use of a common source information company, as defined in § 54.1-2130, when listing the property. If the court imposes any such requirements, the conservator shall make a report of his compliance with each requirement, to be filed with the commissioner of accounts. Promptly following receipt of the conservator's report, the commissioner of accounts shall file a report with the court indicating whether the requirements imposed have been met and whether the sale is otherwise consistent with the conservator's duties. The conveyance shall not be closed until a report by the commissioner of accounts is filed with the court and confirmed as provided in §§ 64.2-1212, 64.2-1213, and 64.2-1214.

1997, c. 921, § 37.1-137.4; 2004, cc. 652, 756; 2005, c. 716, § 37.2-1023; 2007, c. 694; 2010, cc. 455, 632; 2012, c. 614; 2013, c. 523; 2016, cc. 187, 269.

Notes of Decisions
Cited in 5 cases, 2012–2017 · leading case: Gray v. Binder, 805 S.E.2d 768 (Va. 2017).
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Gray v. Binder, 805 S.E.2d 768 (Va. 2017). · cites it 4× “2-1802; and the sale of the real estate of an incapacitated adult pursuant to Code § 64.2-2022(B) or of an unemancipated minor pursuant to Code § 64.”
Minnesota Life Ins. v. Brown, 86 Va. Cir. 68 (Norfolk Cir. Ct. 2012). · cites it 6× “) Va. Code § 64.2-2022 sets out the duties and powers of a conservator and enumerates tiie powers such a person may exercise without prior authorization of the court.”
Adrienne Pederson v. Shawn D. Pederson, No. 2093154 (Va. Ct. App. Aug. 2, 2016). · cites it 2× “” Code § 64.2-2022(A)(3) (emphasis added). In short, the statutory powers and 9 Wife makes much about the circuit court’s reference to the decision belonging to husband, going so far as to state that this supports the conclusion that the circuit court “appears to have forgotten”…”
Adrienne Pederson v. Shawn D. Pederson, No. 1178154 (Va. Ct. App. Aug. 2, 2016). · cites it 2× “” Code § 64.2-2022(A)(3) (emphasis added). In short, the statutory powers and 9 Wife makes much about the circuit court’s reference to the decision belonging to husband, going so far as to state that this supports the conclusion that the circuit court “appears to have forgotten”…”
In re Est. of Bone, 91 Va. Cir. 547 (Chesapeake Cir. Ct. 2014). · cites it 3× “A conservator has the authority to both allow expenditures and initiate proceedings on the estate’s behalf See Va. Code § 64.2-2022. If Mr. O’Keefe were to bill the Estate for the fees and expenses accrued in taking it over, he would be afforded the right to seek recovery from…”
Va. Code Ann. § 64.2-2022(A)(3): 2 cases
Adrienne Pederson v. Shawn D. Pederson, No. 2093154 (Va. Ct. App. Aug. 2, 2016). “” Code § 64.2-2022(A)(3) (emphasis added). In short, the statutory powers and 9 Wife makes much about the circuit court’s reference to the decision belonging to husband, going so far as to state that this supports the conclusion that the circuit court “appears to have forgotten”…”
Adrienne Pederson v. Shawn D. Pederson, No. 1178154 (Va. Ct. App. Aug. 2, 2016). “” Code § 64.2-2022(A)(3) (emphasis added). In short, the statutory powers and 9 Wife makes much about the circuit court’s reference to the decision belonging to husband, going so far as to state that this supports the conclusion that the circuit court “appears to have forgotten”…”
Va. Code Ann. § 64.2-2022(AX5): 1 case
Minnesota Life Ins. v. Brown, 86 Va. Cir. 68 (Norfolk Cir. Ct. 2012). “) Va. Code § 64.2-2022 sets out the duties and powers of a conservator and enumerates tiie powers such a person may exercise without prior authorization of the court.”
Va. Code Ann. § 64.2-2022(B): 1 case
Gray v. Binder, 805 S.E.2d 768 (Va. 2017). “2-1802; and the sale of the real estate of an incapacitated adult pursuant to Code § 64.2-2022(B) or of an unemancipated minor pursuant to Code § 64.”
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