Guardianship and conservatorship are Virginia’s court processes for taking over decisions when an adult can no longer make them safely. A guardian handles personal decisions such as medical care and where someone lives. A conservator handles money and property. A court can appoint one, the other, or both, and it can limit the powers to only what the person actually needs.
These are the most intrusive tools available, and Virginia courts treat them that way. A petition requires medical evidence, notice to the person and their family, a guardian ad litem appointed to represent their interests, and a hearing. Once appointed, a guardian or conservator answers to the court with annual reports for as long as the appointment lasts.
So the first question is usually whether you need this at all. A durable power of attorney and an advance medical directive signed while a person has capacity may reduce the need for a later court proceeding, but the documents serve different functions and do not eliminate guardianship or conservatorship in every case. Cost and suitability depend on the facts. The articles below explain how the process works in Virginia circuit courts, what it costs, and how to tell which situation your family is in.
If a hearing is already necessary, our guardianship and conservatorship services cover petitions and ongoing reporting.
