Guardianship & Conservatorship
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Guardianship & Conservatorship

Guardianship in Virginia

Guardianship,” is a court proceeding to grant another person responsibility for the health, safety and welfare of an incapacitated person.

Guardianship: To acquire the formal title and role of a Guardian, a person must first file a petition in court seeking guardianship over another person. The court will appoint a Guardian Ad Litem (GAL). The GAL will interview all parties and prepares a report to submit to the judge. A hearing then is held in the Circuit Court of the jurisdiction where the parties reside. A judge will decide based upon evidence presented whether a person is incapacitated within the meaning of Virginia law, and if so, how broad or limited a Guardian’s authority should be in making decisions for him or her.

Conservatorship:  Conservatorship is a court proceeding to give another power to make financial decisions for someone and/or to manage his or her resources and property either in a limited way or an all-encompassing way. It can include the duty to pay bills, invest money, sell property, or generally manage financial resources in a responsible way.

It is often the case that one person holds titles of Guardianship and Conservatorship and exercises both duties for an incapacitated person

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Fairfax, VA 22033

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Leesburg, VA 20176

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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