Guardianships And Conservatorships

Every person over the age of eighteen (18) years is presumed to be able make his own decisions and manage his own affairs. In seeking a guardianship or conservatorship, the petitioner challenges this presumption and asks the court to: (1) find that the allegedly incapacitated person is not capable of making his own decisions or managing his own affairs and (2) transfer the authority to make decisions from the incapacitated person to the petitioner. A guardian makes medical care decisions and has general responsibility to ensure the incapacitated person’s basic needs are satisfied. A conservator is responsible for the assets and accounts of the incapacitated person, to include paying the person’s bills, filing his or her taxes, managing investments, etc.

The Commonwealth of Virginia exercises its authority to protect persons with disabilities and its citizens generally by ensuring that guardianships and conservatorships are only granted when necessary. After a guardian or conservator is appointed, the Commonwealth ensures that the person appointed appropriately attends to the incapacitated person’s physical and financial needs by overseeing the actions of the guardian/conservator through periodic reporting requirements. Our attorneys are experienced in handling both guardianship cases as well as in assisting with the administration of the estates of incapacitated persons after the appointment of a guardian and/or conservator.