​What You Should Know About Guardianship And Conservatorship

Sometimes a loved one is not physically or mentally able to manage finances, pay bills or express their wishes in crucial situations. Sometimes, these situations can have significant consequences in their lives. If the incapacitated person does not have an effective power of attorney or advance medical directive, a court can appoint a guardian or conservator to act on their behalf.

Here at von Keller Thelin, our experienced team of Virginia attorneys will help you understand the role and responsibilities of a guardian and conservator and explain how they are established.

What A Guardian Or Conservator Can Do

A guardian is someone the court appoints to make any health care and nonfinancial decisions on behalf of an incapacitated adult. A conservator is someone the court appoints to make any financial decisions, manage assets and pay bills. The same person can be appointed in both roles, or different people can be appointed in each role. While anyone can file in court to be appointed as guardian or conservator, it is typically a family member.

Virginia law has specific requirements about what information must be included in a petition to appoint a guardian or conservator. The law provides for how the vulnerable person must be informed of their legal rights regarding the petition. Once the petition has been filed with the court, it is mailed to certain family members who will also receive notice of the court hearing. The appropriate legal process must be followed.

Contact Us Today

Our experienced and dedicated lawyers can assist you with all aspects of the legal process. If you or your vulnerable loved one are in the Manassas or northern Virginia area, contact our office by calling 703-659-0477 or by emailing us here.