How to Save Money on Your Guardianship Case

I know that guardianship cases can feel overwhelming, both emotionally and financially. You're already dealing with difficult circumstances, often involving a loved one who needs help with daily care and decision-making. The last thing you need is unexpected legal bills piling up on top of everything else.

Here's the good news: you have more control over legal costs than you might think. Over my 30 years of practicing law, I've learned that the clients who save the most money are the ones who come prepared and stay engaged throughout the process. Let me share some practical ways you can keep your guardianship case moving efficiently while keeping costs down.

Come Prepared with Family Contact Information

One of the most time-consuming and expensive parts of any guardianship case is locating family members. Virginia law requires that we notify the proposed ward's immediate family, including parents, adult siblings (even half-siblings), spouses, and adult children. This notification requirement exists even if these family members have been estranged for years or have had no contact with your loved one.

When clients provide me with a complete list of names and current addresses upfront, we can move forward immediately. But when my paralegal and I have to track down relatives, it can cost you hundreds or even thousands of dollars in attorney and paralegal time. I'm talking about searching public records, making phone calls, checking databases, and following leads that sometimes go nowhere.

Do yourself a favor: before our first meeting, gather every piece of contact information you have. Check old address books, holiday card lists, social media, and obituaries. Talk to other family members who might have current information. Even if you haven't spoken to someone in decades, find the person’s contact information. It's worth the effort.

Be Honest About Potential Problems

I need you to be completely upfront with me about any family dynamics that could complicate your case. Is there a sibling who's likely to contest the guardianship? A family member who might disrupt the proceedings because that has been the person’s pattern for decades? An estranged spouse who could cause trouble?

I'm not asking because I'm nosy. I'm asking because I need to plan accordingly. When I know about potential problems from the start, I can develop a strategy, prepare stronger documentation, and handle issues proactively rather than reactively. Surprises in court cost time and money. Being forthright with me from day one doesn't.

Disclose Financial Issues Early

If you're also filing for conservatorship (which deals with managing someone's finances and property), I need to know about any credit problems that could affect your ability to obtain a bond. The court typically requires a bond to protect the ward's assets, and if there are credit issues that make bonding difficult or impossible, we need to address this upfront.

Don't wait until we're deep into the case to mention bankruptcy, judgments, or poor credit history. When I know about these issues early, I can explore alternatives, gather additional documentation, or adjust our approach. Finding out late in the process means delays, extra work, and additional costs.

Complete Your Tasks Promptly

Once we start working together, I'll give you specific assignments. These aren't busy work; they're essential steps that move your case forward. The faster you complete these tasks, the more efficiently we can proceed.

I understand you're busy and dealing with a lot. But every delay on your end means the case sits idle while the clock ticks. Stay on top of deadlines, return documents quickly, and make those assignments a priority. Your responsiveness directly impacts both the timeline and the cost of your case.

Work with the Guardian ad Litem

After we file your petition, the court will appoint a Guardian ad Litem (GAL) to investigate and make recommendations. This person has a job to do, and your cooperation makes all the difference.

Respond promptly to the GAL's inquiries. Make yourself and the proposed ward available for interviews when requested. The GAL is gathering information to advise the court, and delays in this process mean delays in getting your guardianship order. Be courteous, be available, and be timely.

Get Medical Documentation Early

The court needs to understand why a guardianship is necessary, and that means getting a statement from the proposed ward's medical provider. This should explain the person's condition and whether the provider recommends a guardianship.

Don't wait for me to ask for this. If you're considering guardianship, you already know there are medical or cognitive issues involved. Contact the doctor's office, explain what you need, and get that documentation started. Many medical offices are slow to respond to these requests, so the earlier you begin, the better. If you don’t have this documentation when we begin, I will give you a 3-page form for the medical provider to complete. It is my preference and a best practice to have the medical documentation before filing the case.

For younger individuals (21 or under), obtain the most recent Individualized Education Program (IEP) if one exists. Schools generate these documents for students with special needs, and the IEPs provide valuable information about functional limitations and support requirements.

A Real Success Story

Let me tell you about a recent client who did everything right. She came to our first meeting with a complete list of family contacts, including addresses. She completed every assignment I gave her promptly. She responded to the GAL immediately and scheduled the necessary interviews without delay. She had the medical documentation ready when we needed it.

The result? Her case moved through the system smoothly and efficiently. Because she was so well-prepared and responsive, I spent far less time on her case than the retainer anticipated. I was able to give her a refund of over $1,000 in unearned legal fees.

That's right: she got the guardianship order she needed to continue caring for her special needs child who had become an adult, AND she got money back. Honestly, it's a pleasure for me to refund money to clients. It means they did their part, we worked efficiently together, and everyone came out ahead.

The Bottom Line

Guardianship cases don't have to drain your savings. When you come prepared, stay honest about potential challenges, respond promptly to requests, and remain engaged throughout the process, you control a significant portion of the costs.

I'm here to guide you through this process with the skill and compassion you deserve. But we're partners in this, and your participation makes all the difference. The more you can do to help yourself, the more money you'll save and the faster we'll get you the legal authority you need to care for your loved one.

If you're considering a guardianship or have questions about the process, call 804.238.7737 to schedule a consultation. Let's talk about your situation and how we can work together efficiently to get you the outcome you need.

The information contained in this blog post is for educational purposes only and is not a substitute for legal advice.