Adult Guardianship and Conservatorship
A guardian or conservator can only be appointed through a Virginia Circuit Court. A guardian handles an incapacitated person’s personal and medical affairs and a conservator handles an incapacitated person’s finances. Depending on the circumstances, the court may appoint one and not the other, or limit the authority of the guardian or conservator.
Guardianship of an Adult Child: Ensuring that your child is financially protected is only the first step to a successful estate plan. For those adult children who require it, a parent or other family member may want to petition the court for guardianship and/or conservatorship. If a guardian or conservator is named, a successor testamentary guardian or conservator should also be named to ensure that an adult child is adequately protected.
Guardianship of an Elder: We create a comprehensive estate plan to fit the unique needs of each client, which includes a durable power of attorney and medical directive to ensure that a trusted agent – often a child or other family member – is able to handle the individual’s medical and financial affairs in the event of incapacitation. Unfortunately, when a plan is not in place, a person’s loved one will have to petition a Virginia Circuit Court for guardianship and/or conservatorship.
