Guardianship    
        &
Conservatorship
A guardian is a person, named by the court, to make all non-property
decisions for the incapacitated person, subject to any limitations in the order
of appointment. A conservator is a person, named by the court, to make all
financial decisions for the incapacitated person, subject to any limitations in
the order of appointment.

In order to be appointed guardian and/or conservator for an incapacitated
adult, you must file a petition with the circuit court of the jurisdiction in
which the adult resides. At this time, you are referred to as the petitioner and
the incapacitated person is referred to as the respondent. For some, this
process can be confusing for those who do not have the assistance of counsel.
We will guide and counsel the petitioner through the process beginning with
the filing of the petition and ending with the petitioner's appointment as
guardian and/or conservator. In addition, we will coordinate with the
petitioner for bonding should this be required and will counsel the newly
appointed guardian or conservator on his or her duty to file a yearly report
with the local social services office (for guardians) and file an accounting with
the local Commissioner of Accounts (for conservators).

As an additional service to our clients, we provide each newly appointed
guardian and conservator with a copy of
The Virginia Handbook For
Guardians and Conservators: A Practical Guide For Court-Appointed
Guardians and Conservators of Adults
which is published by the Virginia
Guardianship Association. Please feel free to browse the links below:

Links:
Virginia Guardianship Association:
http://www.vgavirginia.org/default.asp  

Virginia State Bar:
http://www.vsb.org/publications/brochure/guardian.pdf

National Association of Elder Law Attorneys:
http://www.naela.org

National Senior Citizens Law Center:
www.nsclc.org

Aging in Stride:
www.aginginstride.org

Caregiving Information:
www.agingparents.com

National Family Caregivers Assocaition:
www.nfcacares.com

Supreme Court of Virginia:
http://www.courts.state.va.us/incap/guardianinstruct.pdf
http://www.courts.state.va.us/incap/conserincapadults.pdf
Elizabeth McMaster
Attorney & Counselor at Law, PLC