Guardianship of a Child or Adult in Virginia

The circuit court, or the circuit court clerk, of the county or city where a minor lives may appoint a guardian of the minor's estate and a guardian of the minor's person (unless a guardian was already appointed under the related statute).

Any person, including a community services board or government agency, may petition for a guardian (personal affairs), a conservator (finances), or both. The respondent may demand a jury, present evidence and cross-examine witnesses, and the hearing is generally held within 120 days. In deciding whether a guardian or conservator is needed and what powers to give, the court considers the person's limitations, maximum self-reliance and independence, less restrictive alternatives such as advance directives, supported decision-making agreements and durable powers of attorney, the need for protection from neglect, exploitation or abuse, and the person's best interests. Appointment requires clear and convincing evidence that the person is incapacitated and needs a guardian or conservator, with due deference to the person's wishes.