Guardianship and Conservatorship in Virginia: What Parents and Caregivers Need to Know

Jul 10

When a loved one is no longer able to make decisions for themselves, whether due to a disability, dementia, mental health challenges, or simply reaching adulthood with special needs, the path forward can feel overwhelming. As a parent, spouse, or caring friend, you want to do the right thing, but the legal process can seem daunting. That’s where I come in.

I help families in the Greater Richmond area including Hopewell, Colonial Heights, Petersburg, and Prince George, navigate the complexities of guardianship and conservatorship. My approach is rooted in compassion, clear communication, and a deep understanding of both the law and the emotional journey you’re on.

What Are Guardianship and Conservatorship?

Guardianship and conservatorship are legal tools that empower you to protect and care for someone who cannot manage his or her personal and or financial affairs.

Guardianship: Grants you the legal authority to make personal, medical, and living arrangement decisions for an incapacitated adult.
Conservatorship: Allows you to manage the financial affairs of someone unable to do so for themselves.

Depending on your situation, you may need one or both. For example, parents of special needs children approaching adulthood often seek guardianship to continue making medical and educational decisions. Families of adults with dementia or severe mental illness may need both guardianship and conservatorship to ensure safety and financial stability and to protect their loved one from financial exploitation and medical neglect.

Who Needs Guardianship or Conservatorship?

Special Needs Children Turning 18:
When a child with intellectual or developmental disabilities reaches adulthood, parents lose their legal authority to make decisions for the child. Guardianship allows parents to continue supporting their adult child with medical, educational, and daily living decisions.

Adults With Dementia or Alzheimer’s:
As cognitive decline progresses, individuals may lose the ability to make safe decisions about their health, living arrangements, or finances. Guardianship and conservatorship can protect them from medical neglect, harm and financial exploitation.

Individuals With Severe Mental Health Conditions:
Mental illnesses such as schizophrenia, bipolar disorder, or severe depression can sometimes prevent a person from managing basic needs or handling money responsibly. Legal intervention may be necessary to ensure their well-being.

Adults With a Debilitating Illness or Injury:
A sudden illness, stroke, or accident can leave someone temporarily or permanently incapacitated. In these cases, a trusted family member or friend may need legal authority to manage healthcare and or finances.

Vulnerable Seniors at Risk of Exploitation:
Elderly individuals who are isolated, confused, or physically frail may make unsafe decisions about their care or assets, and they are at risk of being manipulated and taken advantage of by dishonest people. Guardianship or conservatorship can provide essential protection.

Signs That Guardianship or Conservatorship May Be Needed

Consider seeking legal guidance if you notice:

Unpaid bills, missed appointments, or neglected personal care
Confusion about finances or an inability to manage money
Unsafe living conditions or refusal of necessary medical care
Sudden changes in behavior, memory loss, or poor judgment
Medical professionals or educators advising you that your loved one cannot make informed decisions
Friends or neighbors contacting you and expressing concerns about your loved one’s living conditions or associations

If any of these resonate, you’re not alone, and you don’t have to figure it out by yourself.

The Virginia Process: What to Expect

Virginia law sets clear guidelines for appointing a guardian or conservator. Here’s what you can expect:

1. Filing a Petition

You’ll start by filing a petition and other mandatory documents and forms with the circuit court. The petition explains why your loved one needs help and what kind of authority you’re seeking.

2. Court Evaluation

A guardian ad litem (an independent attorney) is appointed to investigate and report to the court. Medical evidence, such as a physician’s statement, is usually required to demonstrate incapacity.

3. Notice to Relatives

Immediate family members must be notified about the guardianship and or conservatorship proceeding even if the family members are estranged from the incapacitated person.

4. The Hearing

The court holds a hearing where all parties can be heard. The judge reviews the evidence and determines whether guardianship, conservatorship, or both are appropriate. The court order will specify the extent of your authority and any limitations, always aiming to preserve as much independence for your loved one as possible.

5. Your Responsibilities

As a guardian or conservator, you are a fiduciary, legally and ethically bound to act in your loved one’s best interests. You’ll be responsible for regular reporting and, in the case of conservatorship, responsible management of money, real estate and other assets.

Why Choose Clay Law?

Experience You Can Trust: Over 30 years of legal practice, with a special focus on family law, guardianship, and conservatorship.
Personal Understanding: I’ve stood where you stand, as a caregiver, legal guardian, and conservator for my own family members. I know the emotional and practical challenges firsthand.
Compassionate Guidance: I listen without judgment, explain every step, and craft personalized plans tailored to your unique needs. You’ll never be left guessing about your options or next steps.
Post Case Support and Guidance

Once you receive the order appointing you as the guardian and or conservator of your loved one, I remain available to answer any questions and address any new issues or concerns. I am only an email or a telephone call away. I want to hear how you and your loved one are doing, and I will recommend resources to support each of you.

Frequently Asked Questions

Do I need a lawyer?
Yes, the process is complex and having a knowledgeable attorney is essential to ensure your loved one’s rights are protected and the court’s requirements are met.

Is court always required?
Yes, both guardianship and conservatorship require court approval in Virginia.

Can the process be tailored?
Absolutely. The court can grant full or limited authority, depending on your loved one’s needs and capabilities.

Where do I begin?

If you’re feeling overwhelmed by the responsibility of caring for a loved one who can’t manage alone, reach out. I’ll help you understand your options, guide you through every step, and zealously advocate for you and your loved one.

Let’s work together to protect what matters most.
Call 804.238.7737 to schedule your consultation. You don’t have to face this alone.

Serving families in Richmond, Henrico, Chesterfield, Hopewell, Colonial Heights, Petersburg, Prince George, and throughout Central Virginia with excellence, integrity, and compassion.