Guardianship and Conservatorship in Virginia: A Family Guide

A guardian makes personal and health-care decisions for an incapacitated adult. A conservator manages money and property. A Virginia court may appoint either role, both roles, or a limited decision-maker—and it must shape the order around the person’s actual abilities and needs.

For one Virginia family, the question may arise as a child with a significant disability approaches age 18. For another, it arrives when an aging parent begins missing bills, forgetting medication, wandering, or responding to scams. The facts are different, but the family’s concern is often the same: How do we protect someone we love without taking away more independence than necessary?

Virginia guardianship law is designed to answer that question with evidence, due process, and the least restrictive workable solution. This guide explains when a case may be appropriate, what alternatives should be considered first, how the circuit-court process works, and what happens after appointment.

Do You Need a Guardian, a Conservator, Both, or Neither?

The court order—not the label alone—defines the fiduciary’s authority. A limited guardianship or conservatorship may preserve decision-making rights the person can still exercise.

When May Court Intervention Be Necessary?

Virginia uses a functional definition of incapacity. A court must find that an adult is unable to receive and evaluate information effectively, or respond to people, events, or environments, to such an extent that the adult lacks capacity either:

• to meet essential health, care, safety, or therapeutic needs without a guardian’s assistance or protection; or
• to manage property or financial affairs, or provide for the adult’s or legal dependents’ support, without a conservator’s assistance or protection.

A diagnosis alone does not establish incapacity, and poor judgment alone is not sufficient evidence. At the hearing, the petitioner must prove by clear and convincing evidence that the respondent is incapacitated and needs the requested guardian or conservator. The court must consider available less restrictive alternatives—including advance directives, supported decision-making agreements, and durable powers of attorney—and tailor any appointment to the person’s actual limitations and retained abilities. See Va. Code §§ 64.2-2000 and 64.2-2007.

Warning signs may include:

• essential bills, insurance, or housing expenses going unpaid;
• exploitation, repeated scams, or unsafe financial transfers;
• inability to understand or consent to needed care;
• unsafe wandering, self-neglect, or an unworkable living arrangement;
• no valid agent with authority to address the problem;
• an existing agent who is unavailable, acting outside the document, or failing to protect the principal; or
• an adult with a disability who needs decision support beyond the authority available to parents after age 18.

These signs call for investigation, not an automatic conclusion. The evidence must connect the person’s actual limitations to the authority being requested.

What Less Restrictive Alternatives Should Be Considered First?

Before asking a court to remove or transfer decision-making rights, families should determine whether a narrower tool can solve the problem:

• a durable financial power of attorney;
• an advance medical directive naming a health-care agent;
• a representative payee for Social Security or another benefit;
• a trust with an appropriate trustee;
• automatic bill payment, account alerts, care coordination, or in-home services;
• a limited court order rather than a full appointment; or
• a supported decision-making agreement for an adult with an intellectual or developmental disability.

Virginia has a formal supported-decision-making framework for an adult with an intellectual or developmental disability who is not under a guardianship or conservatorship. The adult may select a supporter to help obtain and understand information, weigh choices and consequences, communicate decisions, and advocate for implementation.

The agreement alone does not let the supporter decide or sign for the adult. The adult stays in control. Supported decision-making may be a less restrictive alternative for some people, but valid agency or court authority is still needed when another person must legally act. See Va. Code § 37.2-314.3 and the Virginia DBHDS supported-decision-making guidance.

If existing documents or supports cover the need, a guardianship or conservatorship may be unnecessary. Our guardianship-versus-power-of-attorney guide explains the distinction.

How Do You Get Guardianship or Conservatorship in Virginia?

1. Identify the proper circuit court

A petition may be filed in the circuit court of the city or county where the respondent:

• is a resident;
• is located; or
• resided immediately before becoming a patient in a hospital or a resident of a nursing facility, nursing home, convalescent home, assisted living facility, or similar institution.

For a conservatorship involving a nonresident who owns Virginia property, venue may lie where that property is located. Virginia’s Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act supplies the exclusive jurisdictional basis for an adult appointment, and the first court may transfer venue when transfer serves the respondent’s best interests. Interstate and institutional-placement cases should be reviewed before filing. See Va. Code § 64.2-2001.

2. File a detailed petition

Any person may file a petition, but filing does not establish incapacity. The petition should describe the functional limitations and specific risks, identify family and other required parties, disclose relevant planning documents, propose a suitable guardian or conservator, and request only the powers that are needed.

3. Guardian ad litem investigation

The court appoints a guardian ad litem, often called a GAL, to protect the respondent’s interests in the proceeding. The GAL meets with the respondent, explains rights, investigates the allegations and alternatives, reviews relevant information, and reports to the court. The GAL is not the petitioner’s attorney.

4. Notice and counsel

The respondent must be personally served with the hearing notice, a copy of the petition, and the order appointing the guardian ad litem. The respondent cannot waive notice, and failure to notify the respondent properly is jurisdictional.

The petitioner also must mail the notice and petition by first-class mail at least 10 days before the hearing to every adult individual and entity whose name and post office address appears in the petition. A court may waive that advance mailing for good cause, but the petitioner must then promptly mail the petition and any order entered by first-class mail to those people and entities.

The respondent has the right to counsel of the respondent’s choice. If the respondent has no lawyer, the court may appoint counsel before entry of the order at the respondent’s or guardian ad litem’s request when the court finds counsel is needed to protect the respondent’s interests. The respondent also has the right to be present, present and challenge evidence, compel witnesses, and request a jury trial. See Va. Code §§ 64.2-2004, 64.2-2006, and 64.2-2007.

5. Professional evaluation and other evidence

An evaluation report must be filed in a separate confidential addendum and provided within a reasonable time before the hearing to the guardian ad litem, respondent, and any party. One or more licensed physicians or psychologists—or other licensed professionals skilled in assessing and treating the physical or mental conditions alleged—must prepare it. If no report is available, the court may proceed for good cause without a guardian ad litem objection, or order a report and delay the hearing.

To the signer’s best information and belief, the report must include:

1. the nature, type, and extent of the alleged incapacity, including specific functional impairments;
2. the required diagnosis or assessment of mental and physical condition, including medication information and, when appropriate and within the evaluator’s license, the specified self-care, adaptive-behavior, social-skill, and prognosis information;
3. the dates of the examinations, evaluations, and assessments; and
4. the evaluator’s signature and type of professional license.

Concrete facts from people who know the situation can also matter. See Va. Code § 64.2-2005.

6. Hearing and tailored order

The hearing must be conducted within 120 days after the petition is filed unless the court postpones it for cause. The petitioner must prove incapacity and the need for the requested appointment by clear and convincing evidence. The court must consider the person’s limitations, maximum self-reliance, available alternatives, protection needs, wishes, and best interests. See Va. Code § 64.2-2007.

If relief is granted, the order must state the nature and extent of incapacity and define the fiduciary’s powers and duties so the person can care for self and manage property to the extent capable. It also identifies the rights removed and retained, any duration, voting determination and other legal disabilities, bond, and appropriate limitations. A diagnosis does not justify a broader order than the evidence supports.

7. Qualification, bond, and certificate

A signed appointment order is not the end of the process. Before exercising appointment authority, the appointee must qualify before the clerk by:

1. taking the required oath;
2. posting the bond set by the court; and
3. accepting the court’s educational materials in writing.

A guardian’s bond does not require surety. A conservator’s bond may be with or without surety, as the court orders. After qualification, the clerk issues a certificate of qualification with the appointment order appended. The certificate and order establish the fiduciary’s authority and its limits for third parties. See Va. Code § 64.2-2011.

A person presented with a currently effective certificate must accept or reject it within seven business days. The statute permits rejection when the transaction would violate state or federal law, the recipient actually knows the authority or certificate has terminated, the recipient has a good-faith validity or authority concern, or the recipient believes in good faith that the transaction may involve or contribute to financial exploitation. Wrongful refusal can lead to a court order requiring acceptance and liability for reasonable attorney fees and costs. See Va. Code § 64.2-2011.

What Rights Does the Respondent Keep?

The respondent does not disappear behind the court case. Before appointment, the person may attend the hearing, have counsel, present evidence, cross-examine witnesses, compel witnesses, and request a jury. After appointment, the order should preserve every decision the person remains able to make.

A guardian must encourage participation and independence to the extent feasible, consider the person’s expressed wishes and values, and otherwise act in the person’s best interest. Communication and visitation cannot be restricted merely because the guardian disagrees with someone; Virginia law imposes a harm-or-exploitation standard and a notice/review process.

Important change effective July 1, 2026: guardianship does not automatically eliminate voting rights. A court must make a separate finding, by clear and convincing evidence, that the person lacks capacity to understand the act of voting. A court may not rely on the guardian ad litem’s capacity determination without a showing that reasonable accommodation appropriate to the person’s diagnosis or condition was provided for that assessment. The court also may not use tests of the person’s ability to read or write, educational achievement or knowledge of a subject, or moral character. Medical reports and medical information are not treated as prohibited tests. A person disqualified before July 1, 2026 may petition the original court for a limited review. If that person does not petition, the voting determination must be reviewed at the next periodic-review hearing. See Va. Code § 64.2-2009.2.

Can Parents File Before a Child Turns 18?

A parent or guardian may file no earlier than six months before the child’s eighteenth birthday. Another person may use that six-month window only when the child has no living parent or guardian.

If a living parent or guardian exists, a different person generally cannot file before the respondent turns 18. For a qualifying pre-18 petition, the court may enter an appointment order before the birthday and must state whether it takes effect immediately or on the eighteenth birthday. Qualification before the clerk is still required. See Va. Code § 64.2-2001(C).

Starting the planning conversation earlier can still be wise. Review decision-making skills, educational transition planning, benefits, anticipated inheritances, powers of attorney if capacity permits, representative-payee options, supported decision-making, and whether a supplemental needs trust belongs in the plan.

Is There “Emergency Guardianship” in Virginia?

Virginia does not provide a general shortcut that lets a family bypass the ordinary Chapter 20 case. The emergency adult-protective-services procedure requires a petition by the local department of social services and court findings that the adult is incapacitated, an emergency exists, the adult lacks capacity to consent to APS, and the requested intervention is sufficiently supported.

The order is limited to services necessary to address the emergency. It may last up to 15 days and may be renewed once for no more than five additional days. Any temporary guardian or conservator receives authority only for the approved emergency services. See Va. Code § 63.2-1609.

If someone faces immediate danger, call 911 or Adult Protective Services as appropriate. If the concern is urgent but not an emergency, counsel can evaluate filing, notice, evidence, and other protective options.

What Happens After Appointment?

Appointment begins an ongoing fiduciary role. The exact duties come from the appointment order and Virginia law.

Guardian contact and visits

A guardian must maintain enough contact to understand the person’s capabilities, limitations, needs, and opportunities. The guardian must arrange at least three visits per year, with at least one visit in every 120-day period.

Of the three required visits:

• the guardian ordinarily conducts at least two;
• at least one guardian-conducted visit must be in person;
• the guardian’s second visit may be by video when the technology is readily available; and
• the remaining visit may be conducted by the guardian, a monitored family member or friend, or a retained skilled professional, including through qualifying video contact.

A person conducting a visit for the guardian must provide the guardian a written report. Telephone contact qualifies only when the required video technology is not readily available. The statute contains narrow alternatives when an in-person visit cannot occur for reasons beyond the guardian’s control or during a qualifying emergency or public-health restriction. See Va. Code § 64.2-2019(C)–(C2).

Guardian reports

Within six months after qualification, the guardian files an initial annual report covering the first four months of the guardianship. It is filed with the local department of social services for the locality where the incapacitated person then resides and must be accompanied by the $5 filing fee.

Each later report covers a succeeding 12-month period and is due within four months after that period ends, also with the $5 fee. The report addresses the person’s condition, placement, services, visits, restrictions, continued need for guardianship, training status, and other required information. See Va. Code § 64.2-2020.

Guardian training

Guardians and any skilled professionals retained to perform guardianship duties must complete the DARS-developed training:

• appointments on or after July 1, 2025: within 120 days after qualification; and
• appointments on or before June 30, 2025: by January 1, 2027.

Training completed for another guardianship during the preceding 36 months satisfies the statutory timing rule, and training cannot be required more often than once every 36 months. See Va. Code § 64.2-2019(E1) and the DARS guardian-training guidance.

Conservator inventory and accounts

A conservator must return an inventory to the commissioner of accounts within four months after the order conferring authority. The inventory identifies the property and payment interests described by statute.

The first account is due within six months after qualification and covers money and property received, chargeable, or disbursed during the first four months. After the first account is settled, each later account covers a succeeding 12-month period and is due within four months after that period ends, unless the commissioner extends the filing period for reasonable cause. See Va. Code §§ 64.2-1300 and 64.2-1305.

Decisions requiring court authorization

A guardian must obtain prior court authorization to move the incapacitated person’s residence to another state, terminate or consent to termination of the person’s parental rights, or initiate a change in marital status. Other medical, placement, property, and transaction authority depends on the order and the governing statute. Do not assume that the role’s general label answers a specific authority question.

Can a Guardianship or Conservatorship Change or End?

Yes. An order may be limited from the beginning and later modified or terminated. A petition may seek restoration of capacity, different areas of protection, a change in fiduciary, or termination. An unrepresented person subject to guardianship may also begin the process through informal written communication to the court as described in the appointment order.

For appointment orders entered on or after July 1, 2023, the court must set periodic-review hearings no later than one year after the initial appointment and no later than every three years thereafter. The court may waive reviews as unnecessary or impracticable, or use another schedule, only when the order supports that decision and addresses the statutory factors: the likelihood of improvement or restored capacity, concerns about the appointee’s suitability, and whether the appointment or selected fiduciary was contested.

The court may not waive the initial review when the petitioner was a Virginia Department of Health-licensed hospital, convalescent home, or certified nursing facility; an assisted living facility or similar institution; or a health-care provider other than a family member. Any person may petition for an earlier review, and the court must hold one on good cause shown. See Va. Code §§ 64.2-2009 and 64.2-2012.

How Prior Law Helps Virginia Families

Guardianship is protection, not punishment. Done carefully, it creates the authority needed to address genuine risk while preserving as much choice, connection, and independence as possible.

Prior Law can help with:

• Assessment and strategy. We evaluate whether a power of attorney, advance directive, supported decision-making agreement, representative payee, trust, or limited order can solve the problem.
• Petitions and hearings. We prepare the filing, organize professional and family evidence, work with the guardian ad litem, and represent the petitioner through the hearing.
• Post-appointment compliance. We help fiduciaries understand the order, reporting calendar, inventory and accounting obligations, and questions that need court approval.
• Special-needs and elder-law coordination. We align the court strategy with benefits, supplemental needs trusts, long-term-care planning, and the family’s practical care plan.

Our goal is not to pursue the broadest order. It is to help the family obtain the authority that is actually needed and build a system that remains workable after court.

A Simple Three-Step Plan

1. Assess the need. Identify the urgent risks, current documents, available supports, and less restrictive options.
2. Prepare the case. Define the requested powers, gather reliable evidence, provide notice, and present a clear plan.
3. Qualify and comply. Complete qualification, obtain the certificate, calendar every filing and visit, preserve records, and seek advice before acting beyond clear authority.

What Should You Gather Before the Consultation?

• the person’s full name, age, address, and current location;
• names and addresses of close family members;
• any power of attorney, advance directive, trust, representative-payee arrangement, or existing court order;
• current medical, psychological, educational, or functional evaluations;
• a short timeline of specific safety, care, or financial concerns;
• a basic list of income, benefits, accounts, real estate, debts, and recurring expenses;
• names of possible guardians, conservators, and backups; and
• information about disagreements, exploitation concerns, or an immediate deadline.

You do not need a perfect file before calling. A focused first conversation can identify what matters next.

Frequently Asked Questions

What must be proved for guardianship or conservatorship?

The petitioner must prove by clear and convincing evidence that the respondent meets Virginia’s functional definition of incapacity and needs the requested appointment. Poor judgment alone is not enough. The court must consider less restrictive alternatives and should transfer only the authority the evidence shows is necessary.

How long does a Virginia guardianship case take?

The hearing must occur within 120 days after filing unless the court postpones it for cause. Actual timing depends on service, the professional evaluation, the guardian ad litem’s investigation, disputes, and the court calendar.

Can a parent file before a child with a disability turns 18?

A parent or guardian may file no earlier than six months before the eighteenth birthday. Another person may use that window only if no parent or guardian is living; otherwise that person generally must wait until the respondent turns 18.

Does guardianship automatically take away voting rights?

No. Beginning July 1, 2026, voting disqualification requires a separate clear-and-convincing finding that the person lacks capacity to understand the act of voting. Accommodation and prohibited-test safeguards apply. A person disqualified under an older order may petition for review, or the issue must be reviewed at the next periodic-review hearing if no petition is filed.

What visits and reports does a Virginia guardian complete?

A guardian ordinarily arranges at least three visits per year, with one in every 120-day period and specific requirements concerning who conducts them and whether they are in person or virtual. The initial report, accompanied by a $5 filing fee, is filed with the local department of social services within six months after qualification and covers the first four months; later 12-month reports and the $5 fee are due within four months after each reporting period ends.

When are a conservator’s inventory and accounts due?

The inventory is due within four months after the order conferring authority. The first account is due within six months after qualification and covers the first four months. Later 12-month accounts are due within four months after the period ends unless the commissioner of accounts grants an extension for reasonable cause.

Can a family member obtain emergency guardianship immediately?

Not through a general family fast track. Virginia’s emergency APS order requires a local-department petition and specific findings. It lasts up to 15 days and may be renewed once for up to five additional days, with authority limited to the approved emergency services.

Are periodic review hearings required in every case?

For appointment orders entered on or after July 1, 2023, the court sets review within one year and at least every three years afterward unless it supports a waiver or different schedule with the required findings. It cannot waive the initial review for petitions by the specified licensed facilities, assisted living or similar institutions, or nonfamily health-care providers. Anyone may petition for an earlier review, which the court must hold for good cause.

Official Sources and Related Reading

The core law is Chapter 20 of Title 64.2. Court forms and public resources are available through the Virginia Judicial System.

Related Prior Law resources:

• Guardianship vs. power of attorney in Virginia
• Financial power of attorney and advance medical directive
• Supplemental needs trusts in Virginia
• Guardianship and conservatorship services

Protect Your Loved One Without Erasing Their Voice

A well-prepared case gives the court a specific problem, reliable evidence, a workable plan, and a request no broader than necessary. That can protect the person and give the family a clearer path forward.

Book a Consultation or call (540) 440-1001.

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This article provides general information about Virginia law and is not legal advice for a particular matter. Reading it or contacting Prior Law does not create an attorney-client relationship.