Vol. 38 Iss. 12 - January 31, 2022

Chapter 70
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department for Aging and Rehabilitative Services (DARS) intends to consider amending 22VAC30-70, The Virginia Public Guardian and Conservator Program. The Virginia Public Guardian and Conservator Program provides public guardian and conservator services for adults who are incapacitated, indigent, and for whom no other proper or suitable person can be identified who is willing and able to serve as the individual's guardian, or conservator, or both, as applicable. The program has capacity to provide public guardianship services, public conservatorship services, or both to 1,049 incapacitated adult residents of Virginia who are found by a Virginia circuit court to be (i) incapacitated, and (ii) who meet the criteria for public guardianship as set forth in § 64.2-2010 of the Code of Virginia. These services are provided by 13 local public guardian programs, which are operated by local public guardian program contractors under contract with the department.

The proposed regulatory action is prompted by a periodic review. The purpose of the proposed action is a comprehensive review of the chapter. Revision to all areas of the regulation will be considered. DARS intends to amend sections that may be determined to be outdated or inconsistent with policy and practice. Other revisions to the regulation content may also be proposed based on public comment or from discussions with the Virginia Public Guardian and Conservator Advisory Board, the 13 public guardian program contractors, and other stakeholders and advocates.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 51.5-131 of the Code of Virginia.

Public Comment Deadline: March 2, 2022.

Agency Contact: Charlotte Arbogast, Policy Advisor, Department for Aging and Rehabilitative Services, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7093, FAX (804) 662-7663, TDD (800) 464-9950, or email

VA.R. Doc. No. R22-7060; Filed December 30, 2021