Guardianship & Conservatorship

Guardianship,” is a court proceeding to grant another person responsibility for the health, safety and welfare of an incapacitated person.

Guardianship: To acquire the formal title and role of a Guardian, a person must first file a petition in court seeking guardianship over another person. The court will appoint a Guardian Ad Litem (GAL). The GAL will interview all parties and prepares a report to submit to the judge. A hearing then is held in the Circuit Court of the jurisdiction where the parties reside. A judge will decide based upon evidence presented whether a person is incapacitated within the meaning of Virginia law, and if so, how broad or limited a Guardian’s authority should be in making decisions for him or her.

Conservatorship:  Conservatorship is a court proceeding to give another power to make financial decisions for someone and/or to manage his or her resources and property either in a limited way or an all-encompassing way. It can include the duty to pay bills, invest money, sell property, or generally manage financial resources in a responsible way.

It is often the case that one person holds titles of Guardianship and Conservatorship and exercises both duties for an incapacitated person