Guardianship and conservatorship

Guardianship is a court process. A judge decides that an adult can no longer make some or all of their own decisions safely. The judge then names another person to make those decisions for them. In Virginia, a guardian handles personal and health matters. A conservator handles money and property.²

For a person living with dementia, guardianship can protect them from harm. But it also takes away rights. It costs money and time, and a court watches over it for years. In many families, simpler tools can do the job. This page explains when guardianship may be needed, how it works in Virginia, and what to try first.

Guardian and conservator: what is the difference?

Both are named by a judge. Both must act in the person's best interest. They cover different parts of life.

Sources for this table: Virginia law.^2,8,12

A judge can name one person to do both jobs. A judge can also make the role limited. For example, a limited guardian might only decide about medical care and where the person lives. The person keeps the right to make their other choices.⁸

When is guardianship needed?

Under Virginia law, a person can be found "incapacitated" only if they cannot take in information, weigh it, or respond to it well enough to meet their basic needs. For a conservator, the question is whether they can manage their money and support themselves. Poor judgment by itself is not enough.²

A diagnosis of dementia does not mean someone needs a guardian. Many people with early dementia can still make choices, sometimes with help. Guardianship usually comes up later, in the middle or late stage, and only when other tools are missing or not working.

Families often look into guardianship when:

• The person can no longer manage their care or money, and no one holds a power of attorney or health care agent role.¹
• Family members cannot agree about care, or there is no family to help.¹
• Someone is taking advantage of the person, and an agent under a power of attorney is part of the problem.
• The person refuses help that is badly needed for their safety, and nothing else has worked.
• A bank, nursing home, or hospital will not accept the papers the family has.

If the person still has the ability to understand and sign a power of attorney or advance directive, talk with an elder law attorney soon. Signing these papers early is the best way to avoid guardianship later.¹

Less restrictive options to try first

Virginia law asks the guardian ad litem and the judge to consider gentler choices. These include an advance directive, a supported decision-making agreement, and a durable power of attorney.^4,7 A guardian may not be needed at all if other legal tools already cover the person's needs.⁸

What is supported decision-making?

In supported decision-making, the person stays in charge. They choose one or more supporters. The supporters help them get information, understand choices and likely results, and tell others what they decided.¹⁴

Virginia has a formal supported decision-making program. It was written for adults with intellectual and developmental disabilities.¹⁴ Even so, Virginia's guardianship law lists supported decision-making agreements among the options a judge must weigh for anyone.^4,7 For a person in the early stage of dementia, a written plan with trusted helpers can respect their independence for longer. It works best when paired with a power of attorney and advance directive for later, when more help is needed.

What guardianship can take away

Guardianship is a serious step. Virginia requires the court notice to warn the person, in bold print, that they may lose control over personal decisions, money, medical care, where they live, and voting.⁵

The judge's order must say which rights the person loses and which they keep. It must also say whether the person can still vote. A finding of incapacity does not take away voting rights unless the order says so.^2,8

A guardian must encourage the person to take part in decisions. The guardian should consider the person's wishes and values. A guardian also cannot cut the person off from people they already have close ties with, except in limited cases the law allows.⁸

How the process works in Virginia

1. Talk with a lawyer. Most families hire an elder law attorney. The rules and forms are detailed, and you will need to testify in court.¹ See finding an elder law attorney.
2. Get a medical evaluation. A licensed doctor, psychologist, or other qualified professional examines the person. Their report describes the diagnosis, what the person can and cannot do, and any medicines that might affect behavior.⁶
3. File a petition. Anyone can file. It goes to the circuit court where the person lives, or where they lived before moving into a care facility. The petition lists close family, any existing power of attorney or advance directive, the person's money and property, and what kind of help is being asked for.³
4. The court names a guardian ad litem. This lawyer represents the person's interests. They visit the person in person, explain their rights, look at other options, and write a report for the judge.⁴
5. The person is notified. The person must get the papers in person. Close family named in the petition get them by mail at least 10 days before the hearing, unless the court allows otherwise.⁵
6. The hearing. It is usually held within 120 days of filing. The person may attend, bring evidence, ask for a jury, and have a lawyer. The judge must find the need for a guardian or conservator by "clear and convincing evidence," a high level of proof.⁷
7. The order and oath. If the judge agrees, the order sets the powers and limits. The guardian or conservator takes an oath, posts a bond (a kind of guarantee), and gets a certificate from the clerk.^8,10

When choosing who will serve, the judge gives weight to the person's own wishes.⁷ Family members often serve. If no suitable person is willing, the court can look to other options, described below.

After the appointment: duties and reports

The work does not end at the hearing. A guardian or conservator answers to the court for as long as the order lasts.

Guardians file a yearly report with the local department of social services. The first report is due within six months. It covers the person's health, living situation, services, visits, and whether guardianship is still needed. Unless the person lives with the guardian, the report must describe in-person visits.¹²

Conservators file an accounting with the commissioner of accounts. They must keep the person's money separate from their own, keep receipts, and get court approval for big steps like selling a home.^12,15

The federal Consumer Financial Protection Bureau has a free guide for conservators. It suggests asking the person what they want first, then thinking about what they would have wanted, and only then using your own judgment.¹⁵

Banks and other businesses must accept or reject the court certificate within seven business days. They can refuse in some cases, such as when they suspect financial abuse.¹⁰

Review, changes, and ending a guardianship

The order sets a schedule for review hearings. The first is held within about one year, and later ones at least every three years, unless the court decides otherwise.⁸ As of October 2026, this is the rule in Virginia law.

Anyone can ask the court to limit, expand, or end a guardianship. The person under guardianship can write the judge an informal letter to start this, with no filing fee.¹¹ Because dementia usually gets worse over time, families more often ask to adjust a guardian's powers than to end them.

What if there is no one to serve, or no money?

Virginia has a public guardian and conservator program, overseen by the Department for Aging and Rehabilitative Services. A court can appoint it when the person cannot afford a private guardian and no suitable person is willing and able to serve.⁹

What it costs and how long it takes

Costs can include lawyer fees, the medical evaluation, court costs, and the guardian ad litem's fee. The judge sets that fee. The person who filed pays it, or it is charged as a cost of the case.⁴ Ask a lawyer for an estimate before you file.

Guardianship takes time.¹ The hearing alone can be up to four months after filing.⁷ This is one more reason to plan ahead while the person can still sign papers.

Common questions

Do I need guardianship just because my parent has dementia?

No. Many people with dementia never need a guardian. If your parent signed a power of attorney and an advance directive, those usually cover money and health decisions. Virginia's family consent law can also help with medical choices.^8,13

Can my parent still sign a power of attorney after a diagnosis?

Often, yes, in the early stage. It depends on whether they understand what they are signing. A lawyer can help judge this. See power of attorney.

Can a guardian move my parent into a nursing home?

A guardian often decides where the person lives, if the order gives that power. The guardian must still encourage the person to take part and consider their wishes and values.^2,8

Will my parent be at the hearing?

They have the right to be there. They must attend if they ask to, or if the guardian ad litem asks. The hearing can be held where they are.⁷

What if family members disagree about who should be guardian?

Other relatives can join the case and be heard. The judge decides who is most suitable, giving weight to the person's own wishes.^5,7 A family meeting before filing can sometimes prevent a court fight.

When to get help

Education only. This page is general information written from the sources listed. It is not medical, legal or financial advice and does not replace a doctor, therapist or lawyer who knows your situation. How we write and check pages.