Guardianships versus Conservatorships in Virginia: What Every Family Needs to Understand
If a loved one can no longer make decisions on their own behalf due to illness, disability, or advanced age, families often face the difficult decision of how to step in and provide legal authority for their care. In Virginia, there are two primary tools you can use for this purpose—guardianships and conservatorships. While these terms are occasionally used interchangeably, they actually address different types of decision-making. By understanding the differences, you can help your family choose the right path to protect your loved one while respecting their dignity and independence.
What is a guardianship?
A guardianship is basically a legal arrangement in which the court appoints someone (called the guardian) to make personal and medical decisions on behalf of another individual (called the ward) who is incapacitated. Such decisions may include where the person will live, what medical care they will receive, and how their day-to-day needs will be met.
Guardianships are usually established when an adult develops conditions such as Alzheimer’s disease, dementia, or severe developmental disabilities. For minors without a parent, guardianship can also be necessary. In these cases, the court aims to give the guardian enough authority to protect the ward, while still preserving as much autonomy as possible.
What is a conservatorship?
Conservatorships focus primarily on financial matters. The court will appoint a conservator to manage the ward’s property, income, and financial affairs. A conservator can pay their bills, manage investments, apply for public benefits, or safeguard their assets. Like guardianship, conservatorship arises when an individual lacks the capacity to handle their financial responsibilities on their own.
In many cases, the same person can serve as both guardian and conservator. However, the law recognizes them as two distinct roles. Families can pursue one or both arrangements depending on their circumstances.
How does the process work in Virginia?
To establish either a conservatorship or a guardianship in Virginia, one of your family members or an interested party must file a petition with the circuit court. The court will then review the medical evidence, hear testimony, and determine whether the individual is legally incapacitated.
The process is designed to protect individual rights. The individual is entitled to legal representation and the opportunity to contest the petition. Courts usually favor the least restrictive alternative, granting only the powers necessary to meet the individual’s needs.
Alternatives to guardianship and conservatorship
Since these arrangements involve removing significant rights, the Virginia courts generally encourage families to consider less restrictive alternatives first. These can include:
- Powers of attorney for financial and medical decisions
- Advance medical directives that appoint a health care agent
- Joint bank accounts or trusts to help manage finances
When these documents are prepared before incapacity occurs, a formal guardianship or conservatorship may not even be necessary.
Talk to a Virginia Beach, VA, Elder Law Attorney Today
The Law Office of Angela N. Manz represents the interests of families who are preparing their loved ones for long-term care. Call our Virginia Beach estate planning lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
