A  Guide to Guardianships and Conservatorships in Richmond, Henrico, Chesterfield and Surrounding Areas

“Now why did I walk into this kitchen?”
As we pass the half-century mark, many of us have these conversations with ourselves. While it’s normal to occasionally forget why you entered a room, other changes like forgetting to take medications, missing important appointments, misplacing and or mismanaging money, or wearing the same clothes multiple times a week, are not a typical part of aging. If you’re noticing these issues in a friend or loved one, it may be time for a medical evaluation. When someone can no longer live alone or manage healthcare, housing, or daily tasks, guardianship may be necessary. Similarly, a young adult with autism, developmental delays, or other conditions that interfere with managing personal affairs may also benefit from guardianship.

Understanding Guardianship and Conservatorship

Let’s start with some clear definitions, using the straightforward approach you’ll find throughout my practice at Clay Law:

  • Guardianship is a legal process where the judge appoints someone to make personal, medical, housing and other decisions for a person who can no longer do so. This is often needed for adult children with disabilities, aging parents, or loved ones facing serious illness or incapacity.

  • Conservatorship specifically covers managing financial matters. The judge appoints a trusted individual, often a family member, to handle banking, bills, and property for the person in need.

Every situation is unique. Sometimes, a person may need both a guardianship and a conservatorship; other times, only one is appropriate. My role is to thoroughly explain the options and help you to understand what’s best for your loved one’s unique circumstances.

Why Guardianships and Conservatorships Matter

Guardianships and conservatorships are serious legal matters. The person at the center of a petition has important rights:

  • The right to an attorney

  • The right to a jury trial to defend themselves

  • Their spouse, adult siblings, adult children, and parents must be notified of the hearing

When a judge signs a guardianship or conservatorship order, significant rights, such as the right to own a firearm, vote, drive, and manage money, may be revoked. In my practice, I have had judges allow the incapacitated person to maintain the right to vote.  These measures are designed to protect vulnerable individuals, but they also come with significant responsibility for the appointed guardian or conservator.

How Guardianships and Conservatorships Help Families

Guardianships and conservatorships empower friends and family to assist loved ones with medical care, living arrangements, property management, and financial affairs. Conservators are usually bonded and must file annual reports detailing how the person’s money is spent. These legal tools can also prevent financial exploitation and medical neglect by unscrupulous individuals.

My Approach: Expertise, Empathy, and Guidance

As a an attorney serving clients in Richmond, Henrico, Chesterfield and surrounding cities and counties, I understand the emotional weight these decisions carry. My practice is built on legal expertise, transparency, and a commitment to guiding you through each step with clarity and compassion. I will:

  • Listen to your story and concerns with empathy and respect

  • Explain your legal options in plain language—no jargon

  • Prepare and file all necessary court documents

  • Communicate with the court and guardian ad litem on your behalf

  • Represent you at hearings and provide practical, real-world advice

  • Keep you informed, so you always know what to expect

Depending on the court, guardianship or conservatorship cases typically take three to six months to complete.

Is Guardianship or Conservatorship Right for Your Family?

Consider these situations:

  • Your child with autism or other special needs is turning 18, and you need legal authority to continue to provide medical care, manage educational resources and  make decisions for your child;

  • Your parent or other elder is struggling with memory loss or illness and can’t manage his or her finances or healthcare

  • You’re worried about a loved one’s safety or well-being due to mental illness or other issues

Everyone’s needs are different. As your trusted guide, I am here to help you determine the best path forward.

Let’s Take the Next Step

If you’re considering guardianship or conservatorship in Richmond, Chesterfield, Henrico, or any nearby community, reach out to me today because you deserve an experienced, honest, and approachable attorney by your side when it matters most.

I am committed to making this process as smooth and stress-free as possible, so you can focus on what matters most: your loved one’s care and protection.

 

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