Guardians and conservators are appointed by the court for persons who lack the physical and/or mental capacity to care for themselves and are found to be incapable of caring for themselves or their property.  Guardians and conservators make decisions regarding the personal and financial affairs of incapacitated persons. 

Only a circuit court judge can decide that a person is incapacitated and appoint a guardian and/or conservator to act for the person.

A guardian’s authority can be very broad or can be limited to making specific decisions.  Usually a guardian will make personal and health care decisions but may be responsible for other personal decisions that most people take for granted, such as whether the person may have visitors or will attend a social gathering.  Guardians’ authority to make decisions may be limited depending on the ability of the incapacitated adult to care for some of his own personal, health and safety needs.  The extent of the guardian’s or conservator’s authority will be set forth in the judge’s order and in the Virginia Code.

For situations that require immediate, reliable legal guidance regarding incapacity, we work through the legal system to see that the interests of your loved one are fully projected. We will:

• Advise you concerning legal capacity.

• Petition for appointment of a Guardian who can make medical treatment and other personal decisions for an incapacitated individual.

• Petition for appointment of a Conservator to protect the incapacitated person’s finances.

• Serve as Trustee, Agent, Executor, Guardian or Conservator if asked.

When you must attend to medical, personal or financial needs of a family member, let us advise you concerning your authority to act for your loved one.