Guardians and conservators are appointed to protect an incapacitated person,
i.e. someone who cannot make decisions without assistance. Only a Circuit Court
judge can decide that a person is incapacitated and appoint a guardian and/or a
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 a conservator is
responsible for managing a person’s financial and property affairs. Like the
authority of a guardian, the authority of a conservator may also be limited
depending on the situation of the incapacitated person.
The appointment of a Guardian or a Conservator removes a person’s right to
make decisions for himself and should be considered only as a last resort. This
option should be used only when there are no less restrictive alternatives that
will protect the interest of the incapacitated person.
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