Virginia Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a Virginia court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on Va. Code Title 64.2, Chapter 20 (Guardianship and Conservatorship)

By Settled Estate EditorialPublished: June 28, 2026Updated: June 10, 2026

What guardianship and conservatorship mean here

Guardianship is a court process in which a judge gives one person legal authority to make decisions for an adult who can no longer make them safely. Virginia guardianship is governed by Va. Code Title 64.2, Chapter 20 (Guardianship and Conservatorship).

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Guardian of an Incapacitated Person (Guardian of the Person)

A person appointed by the circuit court who is responsible for the personal affairs of an incapacitated adult, with the powers and duties set out in § 64.2-2019 (support, care, health, safety, and residence decisions). A guardian is not responsible for the incapacitated person's property unless also appointed conservator.

Va. Code 64.2-2000, 64.2-2019

Conservator of an Incapacitated Person (Conservator of the Estate)

A person appointed by the circuit court who is responsible for managing the estate and financial affairs of an incapacitated adult. The conservatorship is a separate appointment from guardian of the person, though one person may serve in both roles under a single court order.

Va. Code 64.2-2000, 64.2-2021

Limited Guardian or Limited Conservator

Appointed for an incapacitated person who is capable of addressing some of the essential requirements for care, for the limited purpose of medical decision making, decisions about residence, or other specific decisions. The order defines powers so as to permit the incapacitated person to care for himself and manage property to the extent he is capable.

Va. Code 64.2-2009

More guardianship types6 additional arrangements courts use in specific situations, with statute cites

Temporary Guardian or Temporary Conservator

A person appointed by a court for a limited duration of time as specified in the order of appointment. Used to address a short-term need; the term is set by the court in the appointment order.

Va. Code 64.2-2000

Standby Guardian or Standby Conservator

On petition of one or both parents, one or more children, or the legal guardian of an incapacitated person, the court may appoint a standby fiduciary who assumes duties immediately upon the death or adjudication of incapacity of the last surviving petitioning parent, child, or legal guardian, subject to court confirmation within 60 days. The standby fiduciary must affirm by affidavit (renewed biennially) that he remains available and capable.

Va. Code 64.2-2013

Emergency Guardian (Special Jurisdiction)

Under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, a Virginia court has special jurisdiction to appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in the Commonwealth.

Va. Code 64.2-2108

Public Guardian or Conservator

When the incapacitated person's resources are insufficient to compensate a private fiduciary and no other proper and suitable person is willing and able to serve, the court may appoint a public guardian or conservator program. A person who qualifies for court-appointed counsel under § 19.2-159 is eligible.

Va. Code 64.2-2010

Testamentary Guardian of a Minor

Every parent may by will appoint a guardian of the person of his minor child and a guardian for the estate bequeathed or devised by the parent to the minor child, for such time during the minor's infancy as the parent directs.

Va. Code 64.2-1701

Court-Appointed Guardian of a Minor

The circuit court or circuit court clerk of any county or city in which a minor resides may appoint a guardian for the estate of the minor and may appoint a guardian for the person of the minor. A guardian of a minor's estate must take an oath and post bond at least equal to the value of the minor's personal estate.

Va. Code 64.2-1702, 64.2-1704

The Virginia guardianship court process

1File Petition in Circuit CourtAny person, including a community services board or other local or state governmental agency, may file a petition for appointment of a guardian, a conservator, or both.

Any person, including a community services board or other local or state governmental agency, may file a petition for appointment of a guardian, a conservator, or both. The petition is filed with the circuit court of the county or city where the respondent is a resident or is located (Va. Code 64.2-2001, 64.2-2002).

2Appointment of Guardian ad LitemOn the filing of every petition the court appoints a guardian ad litem to represent the respondent's interests.

On the filing of every petition the court appoints a guardian ad litem to represent the respondent's interests. The guardian ad litem must personally visit the respondent, advise the respondent of his rights, investigate the petition and evidence, consider whether a less restrictive alternative is available, and appear at all court proceedings (Va. Code 64.2-2003).

3Notice and CounselThe respondent is served with notice of the hearing, which is jurisdictional, and is entitled to counsel; the guardian ad litem recommends and the court appoints counsel for the respondent if necessary or requested (Va. Code 64.2-2004, 64.2-2006).

The respondent is served with notice of the hearing, which is jurisdictional, and is entitled to counsel; the guardian ad litem recommends and the court appoints counsel for the respondent if necessary or requested (Va. Code 64.2-2004, 64.2-2006).

4Evaluation ReportAn evaluation report assessing the respondent's condition and capacity, prepared by an appropriate professional, is filed with the court (in a separate confidential addendum) for use at the hearing (Va. Code 64.2-2005).

An evaluation report assessing the respondent's condition and capacity, prepared by an appropriate professional, is filed with the court (in a separate confidential addendum) for use at the hearing (Va. Code 64.2-2005).

5HearingThe court conducts a hearing, generally within 120 days from the filing of the petition unless postponed for cause.

The court conducts a hearing, generally within 120 days from the filing of the petition unless postponed for cause. The respondent has the right to be present, to be represented by counsel, to present evidence, and to confront witnesses. The court or jury must find by clear and convincing evidence that the respondent is incapacitated and in need of a guardian or conservator, and must consider the availability of less restrictive alternatives (Va. Code 64.2-2007).

6Order of Appointment; Least Restrictive ArrangementIf the standard is met, the court enters an order appointing a guardian and/or conservator, using a limited guardianship or conservatorship where the respondent retains some capacity, and defining the powers and duties so as to permit the incapacitated person to care for himself and manage property to the extent he is capable (Va. Code 64.2-2009).

If the standard is met, the court enters an order appointing a guardian and/or conservator, using a limited guardianship or conservatorship where the respondent retains some capacity, and defining the powers and duties so as to permit the incapacitated person to care for himself and manage property to the extent he is capable (Va. Code 64.2-2009).

7Qualification and LettersThe guardian and/or conservator qualifies before the clerk, who records the order and issues a certificate of qualification; a conservator gives bond as required before letters issue (Va. Code 64.2-2011, 64.2-2018).

The guardian and/or conservator qualifies before the clerk, who records the order and issues a certificate of qualification; a conservator gives bond as required before letters issue (Va. Code 64.2-2011, 64.2-2018).

How long it takes

Emergency guardian (special jurisdiction): up to 90 days (Va. Code 64.2-2108). Standard adult guardianship/conservatorship: the hearing must be held within 120 days of filing unless postponed for cause (Va. Code 64.2-2007), so an uncontested matter commonly resolves within roughly two to four months. Reporting obligations continue for the life of the appointment (guardian annual report; conservator inventory and annual accounts).

Alternatives to consider before guardianship

Durable Power of Attorney

Allows a competent adult to name an agent for financial and property decisions. A power of attorney created under the Uniform Power of Attorney Act is durable unless it expressly provides that it terminates on the principal's incapacity, so it can avoid the need for a conservatorship.

Va. Code 64.2-1602 (Uniform Power of Attorney Act, Title 64.2, Chapter 16)

Advance Medical Directive

Allows an adult capable of making an informed decision to appoint a health care agent and state treatment wishes, avoiding the need for a guardian of the person for medical decisions. Part of the Virginia Health Care Decisions Act.

Va. Code 54.1-2983 (Health Care Decisions Act, Title 54.1, Chapter 29, Article 8; 54.1-2981 et seq.)

Supported Decision-Making and Less Restrictive Alternatives

Before appointing a guardian or conservator, the court must consider the availability of less restrictive alternatives, and the guardian ad litem must evaluate whether a less restrictive alternative would meet the respondent's needs. The court must tailor any appointment to preserve the person's remaining capacity.

Va. Code 64.2-2003, 64.2-2007, 64.2-2009

Representative Payee

Appointed by the Social Security Administration to manage Social Security and certain federal benefits only. Limited in scope to those federal benefits.

42 U.S.C. 405(j)

Trust

Assets placed in a trust can be managed by a successor trustee without court involvement if the grantor becomes incapacitated, avoiding a conservatorship over those assets. Governed by the Virginia Uniform Trust Code.

Virginia Uniform Trust Code, Va. Code Title 64.2, Chapter 7

Planning ahead: naming a guardian in advance

Naming a guardian in advance: Virginia has no statute letting a competent adult self-nominate his own future guardian or conservator in advance; the standby mechanism in § 64.2-2013 is petition-based and brought by parents, children, or a legal guardian after a finding of incapacity. The practical pre-need tools are the durable power of attorney (durable by default under § 64.2-1602, naming an agent for financial and property decisions) and the advance medical directive (§ 54.1-2983, naming a health care agent), each of which can avoid the need for a conservatorship or guardianship of the person. A parent may also appoint a guardian for a minor child by will under § 64.2-1701.

Guardianship costs

Court filing fee: $10 statutory petition fee in circuit court (Va. Code 17.1-275, 64.2-2008), plus service and other court costs.
Court appointed attorney or guardian ad litem: $400 to $2,000, usually paid from the estate or by the petitioner
Medical or capacity evaluation: $300 to $2,000
Attorney fees for the proceeding: $2,500 to $8,000 or more for an uncontested case, higher if contested
Bond premium: Set by the court when a bond is required, roughly 0.5% of the bonded estate value per year
Annual reporting: Little to none if you file yourself; $500 to $2,500 per year if you hire help

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in Virginia?

Guardianship in Virginia is a court process under Va. Code Title 64.2, Chapter 20 (Guardianship and Conservatorship) in which a court appoints a person to make personal, medical, or financial decisions for someone the court has found can no longer make them safely.

What are the alternatives to guardianship in Virginia?

Less restrictive alternatives in Virginia include Durable Power of Attorney, Advance Medical Directive, Supported Decision-Making and Less Restrictive Alternatives, Representative Payee. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.

How long does the Virginia guardianship process take?

Do I need a lawyer to file for guardianship in Virginia?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some Virginia courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Statutes and sourcesOfficial references used for this page

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Information current as of June 10, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Virginia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.