top of page

Guardianship and Conservatorship in Virginia

On Demand Webinar

In this free On-Demand Webinar, attorney Christopher Mays will discuss the Guardianship and Conservatorship process in Virginia. This process can impact a number of important issues for seniors, including how care arrangements can be made, management of finances and loss of important legal rights.

As part of this introductory webinar, we will discuss: what Guardianship and Conservatorship is; an Overview of the Virginia Court process and what happens once a Guardian or Conservator is appointed.

Schedule a Call with an Attorney Now

Ready to an attorney about how we can help? Click on the button to schedule your free no-obligation consultation with an attorney.

How Guardianship is defined in Virginia

Virginia Code Section 64.2-2000 defines a guardian as "a person appointed by the court 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...residence."

As a practical matter, the guardian will coordinate care for a person that has been found to be unable to do so for by himself or herself. A guardian can often be appointed for an older person who requires care or assistance with activities of daily living or medical treatment. Guardians are also appointed for younger persons who may be unable to manage their own affairs due to disability.

How Conservatorship is defined in Virginia

Virginia Code Section 64.2-2000 defines a conservator as "a person appointed by the court who is responsible for managing the estate and financial affairs of an incapacitated person."

Once appointed, the conservator will have legal authority to access the financial accounts of the person who is the subject of the conservatorship ("ward"). The conservator will have the duty to manage the assets and income of the ward for the ward's benefit. Additionally, the conservator will be required to file an inventory and regular accountings with the Court through the office of the Commissioner of Accounts. These filings become a publicly available record of all actions taken by the Conservator for the benefit of the ward.

What is an "incapacitated person?"

In order to appoint a guardian or conservator in Virginia, a court must first determine that a person is "incapacitated." Per Virginia Code 64.2-2000, an incapacitated person is someone who is:

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.

What is the legal impact of guardianship and conservatorship?

What is a Guardian ad litem ("GAL") and what do they do?

Can someone challenge or 'fight' the guardianship?

Is a guardianship or conservatorship permanent?

Schedule a Free No-Obligation Call with an Attorney Now.

We have locations throughout Northern Virginia to make it easy and convenient to meet with an attorney when you need to do so. And yes, Virginia, we make house calls. We are able to come to your home, or visit clients at hospitals, assisted living facilities or nursing homes to ensure that clients have access to experienced legal assistance.

Alexandria: 5680 King Centre Drive, Suite 600, Alexandria, VA 22315

Manassas: 10432 Balls Ford Road, Suite 300, Alexandria, VA 22315

Vienna: 8300 Boone Boulevard, Suite 500, Vienna, VA 22182

bottom of page