Guardianship and Conservatorship
Where to Begin
What is a Guardian and Conservator?
Guardian: A person appointed by the court who is responsible for the personal affairs of an incapacitated person. A guardian is responsible for making decisions regarding the incapacitated person's support, care, health, safety, ability to dress themselves, education, therapeutic treatment, and if not in keeping with an order of commitment, the place where they live. A guardian may be full, limited, or for a short period of time, depending upon the need and order of the court.
Conservator: A person appointed by the court who is responsible for managing the estate and financial affairs of an incapacitated person. Either a conservator or guardian may be full, limited, or for a short-term period of time, depending upon the court's order.
Ward: A person being cared for is called the “ward.”
Watch Appointment of Guardians and Conservators for Incapacitated Adults for a summary of the process for Guardians and Conservators.
Where to Begin: Steps to becoming a Guardian or Conservator?
You must fully comply with all the requirements of the Code of Va. Code § 64.2-2000 et seq., which includes the following:
Petition
Any person may file a petition with a Virginia Circuit court stating that a Virginia resident needs a guardian or conservator to manage some or all of his/her affairs. This person is called the petitioner. The person claimed in the petition to need a Guardian or a Conservator is called the respondent. The petition must be filed in the Circuit court for the city or county in which the respondent lives or where he/she lived immediately before moving to a nursing home, assisted living facility, or other institution.
Guardian ad Litem
The Judge must appoint a Guardian Ad Litem to investigate the statements in the petition and file a report with the Court. The Guardian Ad Litem does not represent either the petitioner or the respondent. The respondent may hire his/her own attorney.
Evidence
The petitioner must provide evidence that the respondent is incapacitated and needs the assistance of a Guardian or Conservator.
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Court Order
Only a Judge can appoint a Conservator and/or Guardian. If, at the Court hearing, the Judge grants the Appointment as Conservator and/or Guardian, the petitioner or their attorney must prepare an order of appointment for the Judge to sign.
Qualification
After the Judge signs the order of appointment, the petitioner must formally qualify before the Clerk of the Circuit Court where the order of appointment was entered. The petitioner has no legal authority to act as Guardian/Conservator until he/she has formally qualified before the Clerk.
Hearing
The petitioner must schedule a Court hearing with the Judge by following the local Court rules.