How do I petition for guardianship or conservatorship in Virginia?
1. Terminology. Virginia splits the roles for adults: 'guardian' makes personal decisions; 'conservator' manages property. For minors, only 'guardian' is used (with guardian of the estate available for property).
2. Adult Guardianship/Conservatorship. Under Va. Code § 64.2-2001, the circuit court may appoint a guardian and/or conservator for an 'incapacitated person' — an adult who has been found by a court to be incapable of receiving and evaluating information effectively or responding to people, events, or environments to such an extent that they lack the capacity to meet essential requirements for health, care, safety, or therapeutic needs (guardian), or manage property/financial affairs (conservator).
3. Minor Guardianship. Under Va. Code § 64.2-1700, available when parents are deceased; testamentary guardian provisions in § 64.2-1701.
4. Petition. File in the circuit court of the county/city where the respondent resides (§ 64.2-2002). Personal service on the respondent at least seven days before hearing; notice to adult children, parents, spouse.
5. Court Investigator / GAL. A GAL is appointed under § 64.2-2003 to personally visit the respondent, explain proceedings, and file a report.
6. Capacity Evaluation. An evaluation report by one or more licensed physicians or psychologists is required (§ 64.2-2005); clear and convincing evidence standard.
7. Hearing & Order. Respondent has rights to attend, counsel/GAL, present evidence, and a jury trial (§ 64.2-2007). Court must impose the least restrictive alternative.
8. Powers & Duties. Bond required for conservator (§ 64.2-1411); inventory within four months; annual account; court approval for sale of real property (§ 64.2-2014).
9. Alternatives. Durable POA (Uniform Power of Attorney Act, Va. Code § 64.2-1600 et seq.), advance directive (§ 54.1-2981), and Virginia's supported decision-making framework under § 37.2-314.3.
10. Termination. Restoration of capacity (§ 64.2-2012), death, or minor reaching 18.
11. UAGPPJA. Virginia adopted UAGPPJA at Va. Code § 64.2-2100 et seq.
This is legal information, not legal advice.
- Combined guardianship and conservatorship petitions with significant assets
- Supported decision-making alternatives under § 37.2-314.3
- Sale of real property requiring court approval under § 64.2-2014
- Va. Code § 64.2-2000 et seq.
- Va. Code § 64.2-2001
- Va. Code § 64.2-1700
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.