Virginia Beach Guardianship Lawyer 

Types of Adult Guardianships in Virginia

Virginia law recognizes several forms of adult guardianship designed to address different circumstances.

• Guardian of the person: This guardian is responsible for decisions involving the individual’s personal care. This may include medical treatment, living arrangements, and other day-to-day needs. 
• Conservator of the estate: A conservator manages the individual’s financial matters. Responsibilities may include paying bills, managing investments, and protecting assets.

In Virginia, the above are governed by Title 64.2, Chapter 20. It is helpful to clarify that while one person often fills both roles, they are separate legal appointments. A guardian manages care and custody (health/residence), while a conservator manages the "estate" (money/property).

• Limited guardianship: In some cases, a court may grant limited authority rather than full guardianship. This approach allows the individual to retain as much independence as possible while still receiving assistance with specific decisions.

Virginia courts are statutorily required to consider less restrictive alternatives (like powers of attorney or advance medical directives) before granting a full guardianship. The court must state why these alternatives were insufficient in the final order.

Guardianship for Minors

While many use the terms "custody" and "guardianship" interchangeably, Virginia law makes a sharp distinction between the two. Understanding these differences is essential for parents and caregivers to ensure a child's personal and financial interests are fully protected.

We help families navigate three primary types of child-focused protection.

Guardianship of the person: This is a specialized legal status, usually handled in Circuit Court, that grants a non-parent the legal authority to act in a parental role. It is typically sought when biological parents are deceased or otherwise unable to provide care. For most day-to-day parenting disputes between relatives, however, the court may instead direct you toward a custody order in the Juvenile and Domestic Relations (J&DR) Court.

Guardian (or conservator) of the property: In Virginia, a minor cannot legally own significant property or receive a large inheritance directly. Even a biological parent may need to be formally appointed as a guardian of the property (sometimes referred to as a conservator for the minor) to manage assets, settle insurance claims, or handle litigation proceeds on the child's behalf until the child turns 18.

Standby guardianship (VA Code § 16.1-349): This is a proactive tool for qualified parents facing chronic or progressive illnesses. It allows you to designate a trusted person to step in as guardian only upon a specific triggering event, such as a doctor’s determination of debilitation or death. This gives the child an immediate, seamless transition of care without you ever losing your parental rights while you are still able to parent.

Overall, determining the appropriate type of guardianship, whether for an adult or a child, depends on the individual’s needs and the level of support required.

How the Guardianship Process Works in Virginia

The guardianship process begins when a family member or other interested party files a petition with the appropriate Virginia court. The petition asks the court to determine whether the individual is incapacitated and whether a guardian or conservator should be appointed.

The court then reviews evidence regarding the intended ward’s condition. Medical evaluations and supporting documentation are often required to demonstrate the extent of the individual’s incapacity.

Virginia courts also appoint a guardian ad litem, an independent attorney who investigates the situation and represents the interests of the individual who may need protection. The guardian ad litem interviews the parties involved and provides recommendations to the court.

A hearing is then held, during which the judge considers the evidence and determines whether guardianship is appropriate. If granted, the court will issue an order defining the guardian’s responsibilities and authority.

Because guardianship affects a person’s legal rights and independence, Virginia courts carefully review each case to ensure the arrangement is necessary and in the individual’s best interests. 

Speak with Our Virginia Beach Guardianship Lawyer

Learn more about your case and discuss your concerns with our attorney to determine your path for pursuing or contesting a guardianship. We are here to provide the knowledge, strategy, and commitment you need at this time. 

Call (757) 697-5331 or complete our online contact form to schedule a complimentary guardianship consultation today.