If a loved one loses capacity and does not have proper estate planning documents in place, it may be time to seek guardianship or conservatorship. Our experienced law firm will guide you through the process with compassion and expertise to achieve the best outcome for your family.
Guardianship is the legal relationship established when a court determines that an individual cannot care for themselves due to physical or mental incapacity. A guardian is appointed by the court to make personal decisions on behalf of the ward, such as decisions related to:
Conservatorship, on the other hand, deals with managing a person's financial affairs. A conservator is appointed to handle financial matters for an incapacitated adult, such as:
Guardianships and conservatorships are necessary for individuals who cannot make informed decisions for themselves due to incapacity, which can result from:
To establish guardianship and/or conservatorship in Virginia, a petition must be filed with the Circuit Court in the proper jurisdiction. The petition should outline why the individual needs a guardian and/or conservator and provide supporting evidence demonstrating the person's incapacity, such as medical or psychological reports. Upon receipt of the petition, the Court will appoint a Guardian ad litem, who is a lawyer, to represent the interests of the incapacitated individual. The Guardian ad litem has a responsibility to evaluate the petition and investigate the circumstances of the case.
After the petition is filed, a hearing is scheduled with the Circuit Court. The hearing must be conducted within 120 days of the date the petition was filed unless the Court postpones it for cause. Although guardianship and conservatorship petitions are usually heard by a judge, certain cases can be presented to a jury instead.
During the hearing, the petitioner will present evidence that the individual is incapacitated and in need of a guardian and/or conservator. The petitioner will also present evidence related to the suitability of the proposed guardian and/or conservator. The Guardian ad litem will present a report with their findings and recommendations.
If the court or jury determines that the individual is incapacitated and in need of a guardian and/or conservator, an individual or entity will be appointed to make decisions in specific areas (personal care and/or finances).
Once appointed, the guardian and/or conservator must provide regular reports about the incapacitated adult’s well-being and financial management. The Department of Social Services will review any reports regarding the incapacitated adult’s well-being. A Commissioner of Accounts, who the court appoints, will review any reports regarding management of the incapacitated adult’s finances.
The team at M. Rogers & Associates PLLC protects the rights and well-being of vulnerable individuals.
Your unique situation gets tailored advice and strategies. Mandy works closely with her clients to ensure they are part of the process and the solution. There is no one-size-fits-all approach to guardianship/conservatorship cases. These cases are specific to the people involved and require personalization and empathetic representation.
We offer compassionate guidance while protecting your rights.
We seek amicable resolutions but are ready for court if needed. With over 14 years’ experience litigating contested matters throughout Hampton Roads, Mandy does not hesitate to go to Court when necessary.
Our goal is the best possible outcome for you and your case.
At M. Rogers & Associates PLLC, we are here to guide you through the legal process of guardianship and conservatorship. Whether you need advice on petitioning the court, managing responsibilities, or knowing your rights and obligations, our experienced team is ready to help.
The content on this website is for informational purposes only and is not legal advice. Please consult a licensed attorney in Virginia for advice specific to your situation.