Virginia Guardianship and Conservatorship Laws (2026 Guide)

In Virginia, a circuit court may appoint a guardian, who makes decisions about an adult's personal affairs, a conservator, who manages the adult's property and financial affairs, or both, for an adult the court finds to be an "incapacitated person" (Va. Code §§ 64.2-2000, 64.2-2007). The court may appoint either one only if it, or a jury, determines on the basis of clear and convincing evidence that the respondent is incapacitated and in need of a guardian or conservator (§ 64.2-2007(D)), and a guardian ad litem must be appointed for the respondent in every case (§ 64.2-2003(A)).

Children are handled under separate, older chapters. Guardians for a minor's person and estate are appointed under Title 64.2, chapters 17 and 18 (§§ 64.2-1700 to 64.2-1806), a parent may name a guardian by will (§ 64.2-1701), a standby guardian for a child is approved by the juvenile court under Title 16.1 (§§ 16.1-350 to 16.1-353), and a parent may delegate powers over a child for up to 180 days by power of attorney without going to court (§ 20-166). For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Virginia state law on guardianship and conservatorship of adults (Va. Code Title 64.2, chapter 20), guardianship of minors (chapters 17 and 18), the standby guardian of a child (Title 16.1, chapter 11), the parental power of attorney (Title 20, chapter 10), the interstate jurisdiction act (chapter 21) and the statutory alternatives. It does not cover custody disputes between parents, which run under Title 20, chapter 6.1 (see Virginia child custody laws), grandparent visitation (see Virginia grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Virginia probate), child-protection and foster-care cases, which are a separate track, or civil commitment.

Virginia guardianship terms and where the law lives

Virginia's adult law is its own statute, not a uniform act. Chapter 20 of Title 64.2 (Article 1, appointment, §§ 64.2-2000 to 64.2-2018; Article 2, powers, duties and liabilities, from § 64.2-2019) governs guardians and conservators for adults. Chapter 21 (§§ 64.2-2100 to 64.2-2120) is Virginia's Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, and its Article 2 is "the exclusive jurisdictional basis for a court of the Commonwealth to appoint a guardian or conservator for an adult" (§ 64.2-2001(B)).

The definition at the center of chapter 20:

"Incapacitated person" means an adult who has been found by a court to be incapable of receiving and evaluating information effectively or responding to people, events, or environments to such an extent that the individual lacks the capacity to (i) meet the essential requirements for his health, care, safety, or therapeutic needs without the assistance or protection of a guardian or (ii) manage property or financial affairs or provide for his support or for the support of his legal dependents without the assistance or protection of a conservator. A finding that the individual displays poor judgment alone shall not be considered sufficient evidence that the individual is an incapacitated person within the meaning of this definition.

Va. Code § 64.2-2000

How to get guardianship of a child in Virginia

The parents of an unmarried minor are the minor's joint natural guardians if they are living together, are competent to transact their own business and are not otherwise unsuitable; if one parent dies, the survivor is the natural guardian, and if one parent has abandoned the family, the other parent is (Va. Code § 64.2-1700). Beyond that, the circuit court or circuit court clerk where the minor lives may appoint guardians:

The circuit court or the circuit court clerk of any county or city in which a minor resides or, if the minor is an out-of-state resident, in which the minor has any estate may appoint a guardian for the estate of the minor and may appoint a guardian for the person of the minor unless a guardian has been appointed for the minor pursuant to § 64.2-1701.

Va. Code § 64.2-1702

Parents who are living and fit keep custody. Chapter 17 states that "[a] guardian of the person of a minor other than a parent is not entitled to custody of the person of the minor so long as either of the minor's parents is living and such parent is a fit and proper person to have custody of the minor" (§ 64.2-1701(A)). Custody disputes run under Title 20, chapter 6.1; see Virginia child custody laws.

The child's own nomination. A minor who is at least 14 may nominate his or her own guardian, in front of the court or clerk or in a writing acknowledged before an officer qualified to take acknowledgments, "who shall be appointed if the court or clerk find that the guardian nominated is suitable and competent" (§ 64.2-1703(A)).

A waiting period for non-relatives. The statute protects the family's chance to step forward first:

B. In no case shall any person not related to the minor be appointed guardian until 30 days have elapsed since the death or disqualification of any natural or testamentary guardians and the minor's next of kin have had an opportunity to petition the court for appointment and unless the court or clerk is satisfied that such nonrelated person is competent to perform the duties of his office.

Va. Code § 64.2-1703(B)

Temporary guardian of a minor. Until an appointed guardian has given bond, or while there is no guardian, the court or clerk may appoint a temporary guardian, who gives bond and has "all the powers and responsibilities of" a guardian during the temporary guardianship (§ 64.2-1706). The section does not set a number of days.

A minor's money and property

Before being appointed guardian of a minor's estate, a person must take an oath in the circuit court or before the clerk and give a bond "in an amount at least equal to the value of the minor's personal estate coming under his control" (§ 64.2-1704(A)). Surety on that bond is required unless it is waived under § 64.2-1411 or, for a testamentary guardian, by the testator's will (§ 64.2-1704(B)). The guardian of the estate has the possession, care and management of the estate and provides for the minor's health, education, maintenance and support, first from income and then from principal, after considering the minor's other resources (§ 64.2-1800). Unless the guardian dies, is removed or resigns, the guardian of the estate serves "until the minor attains the age of majority or, in the case of testamentary guardianship, until the termination of the period set forth in the testator's will" (§ 64.2-1803).

Can a parent name a guardian in a will?

Yes, by will.

A. Every parent may by will appoint (i) a guardian of the person of his minor child and (ii) a guardian for the estate bequeathed or devised by the parent to his minor child for such time during the minor's infancy as the parent directs.

Va. Code § 64.2-1701(A)

The appointment does not override a living, fit parent's right to custody (§ 64.2-1701(A), quoted above). It is also void if the named guardian "(i) renounces the guardianship or (ii) fails to appear in the court in which the will is admitted to probate within six months after the probate to accept the guardianship and give any bond required under § 64.2-1704" (§ 64.2-1701(B)). The standby guardian track below is a separate route, with triggers that include the parent's incompetence or immigration-related detention as well as death.

Standby guardianship of a child

Title 16.1, chapter 11 lets the juvenile court approve a standby guardian for a child of a "qualified parent," whose authority begins only when a triggering event occurs.

• By petition. Any person may petition the juvenile court where the child resides for approval of a standby guardian (§ 16.1-350). Under an approval order, the standby guardian's authority takes effect when the standby guardian receives a determination of the parent's incompetence, a death certificate, or evidence that the parent has been detained, incarcerated or deported in connection with an immigration action, or, if requested, the parent's written consent filed with the court (§ 16.1-351). The immigration trigger was added in 2021.
• By the parent's written designation. A parent may also designate a standby guardian in writing (§ 16.1-352). After the triggering event, the designee must file for court approval:

D. A designated standby guardian or alternate shall file a petition for approval as standby guardian. The petition shall be filed as soon as practicable after the occurrence of the triggering event but in no event later than 30 days after the date of the commencement of his authority. The authority of the standby guardian shall cease upon his failure to so file, but shall recommence upon such filing.

Va. Code § 16.1-352(D)

• If the parent dies. Within 90 days after the triggering event or, if later, after the standby guardian's authority begins, the standby guardian must petition for appointment of a guardian under the usual law, start custody proceedings under Title 20, chapter 6.1, or both (§ 16.1-353(A)).
• Other triggers. In all other cases the standby guardian must promptly start proceedings to determine permanent custody after the triggering event, absent objection by the qualified parent (§ 16.1-353(B)).

A "qualified parent" is one who has been diagnosed in writing by a licensed physician with a progressive or chronic condition from which, to a reasonable degree of medical probability, the parent cannot recover, or who has reason to anticipate possible detention, incarceration or deportation connected to an immigration action (§ 16.1-349). When someone other than a parent with custody files the petition, the court may approve a standby guardian only with the qualified parent's consent, unless it finds that consent cannot be given for medical reasons. A court-approved standby guardian must file the death certificate, determination of incompetence, consent or immigration-related evidence as soon as practicable and no later than 30 days after the triggering event; failure to file is grounds for the court to rescind the standby guardian's authority (§ 16.1-351).

Can a relative care for a child without going to court?

Virginia has a statutory power of attorney for that purpose:

A. A parent or legal custodian of a child, by a properly executed power of attorney pursuant to § 20-167, may delegate to another person, for a period not to exceed 180 days, any of the powers regarding the custody, care, and property of the child except the power to consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child. In the event that both parents of a child are exercising joint custody, both parents shall be required to execute such power of attorney.

Va. Code § 20-166(A)

The limits that come with it, all in § 20-166:

• Military exception. A parent or legal custodian who is a service member may delegate for longer than 180 days while on active duty that lasts longer than 180 days, but not beyond the term of active duty plus 30 days.
• No change to court orders. The power of attorney does not change an existing court order, and the signer may revoke it at any time unless a court order supersedes it.
• A new document after 180 days. Delegation beyond 180 days requires a new power of attorney.
• The person caring for the child. The attorney-in-fact must exercise the authority continuously for at least 24 hours and may not be paid for it.
• Not abandonment. Signing the power of attorney is not abandonment, abuse or neglect under § 63.2-100 "unless the parent or legal custodian fails to make contact or execute a new power of attorney after the time limit has elapsed" (§ 20-166(E)), and the child is not in foster care.
• Who signs. The power of attorney must be signed by everyone with authority to make decisions for the child under the custody chapter (Title 20, chapter 6.1) and by the person receiving the powers (§ 20-166(B)), and the statute makes the form legally sufficient if its wording substantially follows the statutory form, it is properly completed, and the parties' signatures are notarized (§ 20-167(B)).
• Background checks. Any person receiving the powers must comply with background check requirements set by Board of Social Services regulations or otherwise provided by law (§ 20-166(G)).
• Not for school enrollment. Except as federal No Child Left Behind Act provisions may permit, a power of attorney is invalid if executed for the primary purpose of enrolling the child in a school for the sole purpose of participating in its academic or interscholastic athletics programs, or for any other unlawful purpose (§ 20-166(H)).

The power of attorney must follow the statutory form in § 20-167. It delegates powers; it is not a custody order or a guardianship.

How to become guardian or conservator of an adult in Virginia

Who may petition

A. Any person, including a community services board and any other local or state governmental agency, may file a petition for the appointment of a guardian, a conservator, or both.

Va. Code § 64.2-2002(A)

The petition is filed in the circuit court where the respondent resides or is located, or, for a conservatorship of a nonresident, where the respondent's property is located (§ 64.2-2001). It must include, among other items: the names and addresses of the respondent's spouse, adult children, parents and adult siblings (or, if none, at least three other relatives); any agent under a durable power of attorney or advance directive; the type of guardianship or conservatorship requested and the nature of the incapacity; if a limited guardian or conservator is requested, the specific areas to be included in the order; the proposed guardian or conservator; the respondent's native language and mode of communication; the respondent's finances, in a confidential addendum; whether the respondent's attendance at the hearing would be detrimental; and a request for appointment of a guardian ad litem (§ 64.2-2002). For a respondent under 18, a parent or guardian, or anyone else if no parent or guardian is living, may file no earlier than six months before the respondent's 18th birthday; anyone else may file no earlier than the 18th birthday if a parent or guardian is living (§ 64.2-2001(C)).

Notice and service

The respondent must be personally served with the notice of hearing, a copy of the petition and a copy of the order appointing the guardian ad litem, and the guardian ad litem's certification of service is enough (§ 64.2-2004(B)). The respondent may not waive notice, and "a failure to properly notify the respondent shall be jurisdictional" (§ 64.2-2004(A)). The notice must carry a bold-type warning that the respondent may lose many rights and must inform the respondent of the right to counsel and to a hearing (§ 64.2-2004). The petitioner must also mail the notice and petition by first-class mail at least 10 days before the hearing to every adult and entity named in the petition, although "the court, for good cause shown, may waive the advance notice required by this subsection" (§ 64.2-2004(C)). People listed in the petition may become parties by filing a pleading (§ 64.2-2004).

The guardian ad litem

A. On the filing of every petition for guardianship or conservatorship, the court shall appoint a guardian ad litem to represent the interests of the respondent.

Va. Code § 64.2-2003(A)

The guardian ad litem, who is an attorney, must personally visit the respondent, advise the respondent of his or her rights, recommend that counsel be appointed if the guardian ad litem believes counsel is necessary (and tell the court if the respondent asks for counsel), investigate the petition, consult the respondent's primary health care provider, and appear at all proceedings (§ 64.2-2003(B)). The guardian ad litem must also consider "whether a less restrictive alternative to guardianship or conservatorship is available, including the use of an advance directive, supported decision-making agreement, or durable power of attorney" (§ 64.2-2003(B)(v)). The guardian ad litem's report addresses, among other things, whether the court has jurisdiction, whether a guardian or conservator is needed, the extent of the powers, the suitability of the proposed guardian or conservator, and, since 2026, whether the respondent lacks the capacity to understand the act of voting (§ 64.2-2003(C)).

Counsel for the respondent

The respondent has the right to be represented by counsel of the respondent's choice. If the respondent is not represented by counsel, the court may appoint legal counsel upon the filing of the petition or at any time prior to the entry of the order upon request of the respondent or the guardian ad litem, if the court determines that counsel is needed to protect the respondent's interest.

Va. Code § 64.2-2006

Appointed counsel's fee is taxed as costs of the proceeding (§ 64.2-2006).

The evaluation report

A report evaluating the respondent's condition must be filed in a separate confidential addendum and given to the guardian ad litem, the respondent and any party within a reasonable time before the hearing (§ 64.2-2005(A)). It is prepared by "one or more licensed physicians or psychologists or licensed professionals skilled in the assessment and treatment of the physical or mental conditions of the respondent as alleged in the petition" (§ 64.2-2005(A)). If no report is available, the court may proceed for good cause shown if the guardian ad litem does not object, or may order a report and delay the hearing (§ 64.2-2005(A)).

The hearing, the jury and the burden of proof

A. The respondent is entitled to a jury trial upon request, and may compel the attendance of witnesses, present evidence on his own behalf, and confront and cross-examine witnesses.

Va. Code § 64.2-2007(A)

The hearing "shall be conducted within 120 days from the filing of the petition unless the court postpones it for cause" (§ 64.2-2007(B)).

The respondent is entitled to be present and must be present if the respondent or the guardian ad litem requests it (§ 64.2-2007). In deciding whether a guardian or conservator is needed, and what powers to give, the court must consider factors that include "(i) the limitations of the respondent; (ii) the development of the respondent's maximum self-reliance and independence; (iii) the availability of less restrictive alternatives, including advance directives, supported decision-making agreements, and durable powers of attorney" (§ 64.2-2007(C)). Then:

D. If, after considering the evidence presented at the hearing, the court or jury determines on the basis of clear and convincing evidence that the respondent is incapacitated and in need of a guardian or conservator, the court shall appoint a suitable person, who may be the spouse of the respondent, to be the guardian or the conservator or both, giving due deference to the wishes of the respondent.

Va. Code § 64.2-2007(D)

An attorney who represented the petitioner within the previous three years generally may not be appointed (§ 64.2-2007(D)). The guardian ad litem's report weighs the proposed guardian's location, relationship with the respondent, ability to serve, any conflicts, whether the person is a full-time professional guardian, and any history as a perpetrator in an adult protective services finding (§ 64.2-2003(C)).

Limited orders and the order of appointment

The order must state the nature and extent of the person's incapacity, define the guardian's or conservator's powers so as to permit the person to care for himself or herself and manage property to the extent the person is capable, and state any time limit on the appointment (§ 64.2-2009(A)). Limited orders are available but not required:

B. The court may appoint a limited guardian for an incapacitated person who is capable of addressing some of the essential requirements for his care for the limited purpose of medical decision making, decisions about place of residency, or other specific decisions regarding his personal affairs. The court may appoint a limited conservator for an incapacitated person who is capable of managing some of his property and financial affairs for limited purposes that are specified in the order.

Va. Code § 64.2-2009(B)

When an existing document can make an appointment unnecessary. A guardian need not be appointed for a person who has appointed an agent under an advance directive executed under Title 54.1, chapter 29, article 8, "unless the court determines that the agent is not acting in accordance with the wishes of the principal or there is a need for decision making outside the purview of the advance directive" (§ 64.2-2009(D)). A guardian also need not be appointed where a health care decision is made under, and within the scope of, the Health Care Decisions Act. A conservator need not be appointed for a person who has appointed an agent under a durable power of attorney, unless the court finds under the Uniform Power of Attorney Act that the agent is not acting in the principal's best interests or there is a need for decision making outside the power of attorney, or for a person whose only or major source of income is from the Social Security Administration or another government program and who has a representative payee (§ 64.2-2009(D)).

Periodic review hearings

A1. Beginning July 1, 2023, the court shall set a schedule in the order of appointment for periodic review hearings, to be held no later than one year after the initial appointment and no later than every three years thereafter, unless the court orders that such hearings are to be waived because they are unnecessary or impracticable or that such hearings shall be held on such other schedule as the court shall determine.

Va. Code § 64.2-2009(A1)

The court must state its reasons if it waives the hearings or sets another schedule, and it may not waive the initial review hearing where the petitioner was a hospital, nursing facility, assisted living facility, other institution or a health care provider who is not a family member (§ 64.2-2009(A1), (A2)). A guardian ad litem is appointed for the review hearing, and the person has a right to counsel under the § 64.2-2006 standard (§ 64.2-2009). At the hearing the court assesses "(i) whether the guardian or conservator is fulfilling his duties; (ii) whether continuation of the guardianship or conservatorship is necessary and, if so, whether the scope of such guardianship or conservatorship warrants modification; and (iii) whether the respondent's incapacity status pursuant to § 64.2-2009.2 has changed" (§ 64.2-2009.1).

Voting

A finding of incapacity "shall not be construed as a finding that the person lacks the capacity to understand the act of voting ... unless the court order entered pursuant to this chapter specifically provides otherwise" (§ 64.2-2000). Section 64.2-2009.2, added by 2026 Acts chapters 442 and 443, adds:

A. No person shall be deemed disqualified to vote due to lack of capacity for the purposes of Article II, § 1 of the Constitution of Virginia unless a court makes a specific finding by clear and convincing evidence that such person lacks the capacity to understand the act of voting.

Va. Code § 64.2-2009.2(A)

Where the guardian ad litem's report is the basis for that finding, the report must show that reasonable accommodations were provided, and literacy, education and moral-character tests may not be considered (§ 64.2-2009.2). A person a court deemed disqualified to vote for lack of capacity before July 1, 2026 "may petition the court that made such determination for the limited purpose of a review of such determination" (§ 64.2-2009.2(C)); otherwise the question is reviewed at the next periodic review hearing (§ 64.2-2009.2).

What a guardian may decide, and the limits

A guardian is a fiduciary. A guardian's duties do not extend to decisions covered by a valid advance directive or durable power of attorney, although the guardian may ask the court for authority to modify it (§ 64.2-2019). The guardian must encourage the person to take part in decisions and must consider the person's expressed wishes (§ 64.2-2019). Specific rules:

• Visits. "The guardian shall visit the incapacitated person as often as necessary and at least three times per year, with at least one visit occurring every 120 days" (§ 64.2-2019(C)), and at least one of the visits must be in person (§ 64.2-2019).
• Acts that need prior court approval. "A guardian shall be required to seek prior court authorization to change the incapacitated person's residence to another state, to terminate or consent to a termination of the person's parental rights, or to initiate a change in the person's marital status" (§ 64.2-2019(D)).
• Relationships. A guardian may not restrict the person's ability to communicate with, visit or interact with people with whom the person has an established relationship "unless such restriction is reasonable to prevent physical, mental, or emotional harm to or financial exploitation of such incapacitated person and after consideration of the expressed wishes of the incapacitated person," and only through the § 64.2-2019.1 procedure (§ 64.2-2019(E)). That procedure requires written notice on a court form, allows a challenge in court, and limits any restriction to the least restrictive means (§ 64.2-2019.1).
• Training. A guardian must complete the state's training within 120 days of qualifying, once every 36 months (§ 64.2-2019).
• Admission to a psychiatric facility. Unless the guardian has a professional relationship with the person or is employed by or affiliated with a facility where the person lives, the court's order may authorize the guardian to consent to the person's admission to a facility under § 37.2-805.1 only on a finding by clear and convincing evidence that the person "has severe and persistent mental illness that significantly impairs the person's capacity to exercise judgment or self-control, as confirmed by the evaluation of a licensed psychiatrist," that the condition is unlikely to improve in the foreseeable future, and that the guardian has formulated a plan for providing ongoing treatment in the least restrictive setting suitable for the person's condition (§ 64.2-2009(C)).

Guardian reports go to social services

A. Within six months from the date of qualification, a guardian appointed pursuant to § 64.2-2009 shall file an initial annual report reflecting the first four months of guardianship since qualification with the local department of social services for the jurisdiction where the incapacitated person then resides. After such initial annual report has been filed, the second and subsequent annual reports for each succeeding 12-month period shall be due within four months from the last day of the 12-month period covered by the previous annual report. The annual report shall be on a form prepared by the Office of the Executive Secretary of the Supreme Court and shall be accompanied by a filing fee of $5.

Va. Code § 64.2-2020(A)

The local department files a copy with the circuit court clerk within 60 days and twice a year identifies guardians whose reports are more than 90 days overdue; a false statement in a report carries a civil penalty of up to $600 (§ 64.2-2020). A guardian who is also the conservator files accountings with the commissioner of accounts under § 64.2-1305 (§ 64.2-2020).

What a conservator does

A conservator is a fiduciary who must act in the person's best interest and encourage the person's participation in decisions (§ 64.2-2021(A)). The conservator is subject to the general fiduciary rules:

E. A conservator shall comply with and be subject to the requirements imposed upon fiduciaries generally under Part A (§ 64.2-1200 et seq.) of this subtitle, specifically including the duty to account set forth in § 64.2-1305.

Va. Code § 64.2-2021(E)

A guardian qualifies by posting a bond on which no surety is required; a conservator's bond may be with or without surety, as the court orders (§ 64.2-2011(A)(2)). A conservator, like a guardian of a minor's estate, must return an inventory to the commissioner of accounts within four months after the date of the order conferring authority (§ 64.2-1300(B)), and must file a first account within six months after qualifying, covering what was received or disbursed in the first four months; later accounts for each 12-month period are due within four months after the period ends unless the commissioner of accounts extends the time (§ 64.2-1305). The circuit court clerk has authority "to take the required bond, set the penalty thereof, and pass upon the sufficiency of the surety thereon" (§ 64.2-2018). For good cause, and with a guardian ad litem appointed, the court may authorize a conservator to make gifts, disclaimers or trusts (§ 64.2-2023).

Public guardians

The circuit court may appoint a local or regional program authorized by the Department for Aging and Rehabilitative Services pursuant to Article 6 (§ 51.5-149 et seq.) of Chapter 14 of Title 51.5 as the guardian or conservator for any resident of the Commonwealth who is found to be incapacitated if the court finds that (i) the incapacitated person's resources are insufficient to fully compensate a private guardian and pay court costs and fees associated with the appointment proceeding and (ii) there is no other proper and suitable person willing and able to serve in such capacity or there is no guardian or conservator appointed within one month of adjudication pursuant to § 64.2-2015.

Va. Code § 64.2-2010

Standby guardian or conservator for an adult

On petition of one or both parents, one or more children, or the legal guardian of an incapacitated person, the circuit court may appoint a standby guardian, a standby conservator or both (Va. Code § 64.2-2013(B)). The appointment must be affirmed every two years by an affidavit filed with the court stating that the standby remains available and capable. The standby may assume the duties without further proceedings immediately on the death or adjudication of incapacity of the last surviving parent or child, or of the legal guardian, subject to confirmation by the circuit court within 60 days after assuming them; if the person is 18 or older, the court holds a hearing under chapter 20 before confirming (§ 64.2-2013(B), (C)).

Temporary and emergency appointments for adults

Chapter 20 defines a "temporary guardian" as "a person appointed by a court for a limited duration of time as specified in the order of appointment" (§ 64.2-2000), and defines a temporary conservator the same way, so the order sets the duration. Under the interstate act, a Virginia court that lacks ordinary jurisdiction has special jurisdiction to "[a]ppoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in the Commonwealth" (§ 64.2-2108(A)(1)).

Restoring rights or ending a guardianship

The incapacitated person, the guardian or conservator, any other person, or the court on its own motion may seek to restore the person's capacity, or to modify or terminate the guardianship or conservatorship, or to remove the guardian or conservator (§ 64.2-2012(A)). A person without a lawyer has a simpler entry point:

A1. Instead of the filing of a petition or upon motion provided by subsection A, if the person subject to the guardianship or conservatorship is not represented by counsel, such person may initiate the process to be restored to capacity or have guardianship or conservatorship modified or terminated by informal written communication to the court.

Va. Code § 64.2-2012(A1)

No filing fee applies to that communication, and the court reviews it for good cause and responds by court order (§ 64.2-2012). The standard is set out in the statute:

D. The court shall declare the person restored to capacity and discharge the guardian or conservator if, on the basis of evidence offered at the hearing, the court finds by a preponderance of the evidence that the incapacitated person has substantially regained his ability to (i) care for his person in the case of a guardianship or (ii) manage and handle his estate in the case of a conservatorship.

Va. Code § 64.2-2012(D)

Reducing a guardian's or conservator's powers takes a preponderance of the evidence, while expanding them requires clear and convincing evidence. On a petition to expand the guardianship or conservatorship, the person is entitled to a jury on request, personal service and a guardian ad litem; other petitions are heard after reasonable notice, and on any petition or informal written communication the person has a right to counsel under § 64.2-2006 (§ 64.2-2012(B), (D)). The guardianship ends when the person dies (§ 64.2-2012).

Alternatives to guardianship in Virginia

Advance directives and powers of attorney. As described above, chapter 20 treats an advance directive and a durable power of attorney both as alternatives the court must weigh and as documents that can make an appointment unnecessary unless the court finds the agent is not acting properly or a need falls outside the document (§§ 64.2-2007(C), 64.2-2009(D)). Signing rules for a Virginia power of attorney are covered on our Virginia power of attorney laws page. Free tools for drafting a Virginia power of attorney or a Virginia advance directive are available while a person has capacity; any document must still meet the signing rules described on the linked power-of-attorney page.

Supported decision-making. Section 37.2-314.3, enacted in 2021, defines a "supported decision-making agreement" as "an agreement between a principal and a supporter that sets out the specific terms of support to be provided by the supporter," including helping the principal monitor and manage medical, financial and other affairs, obtain and understand information, understand options and consequences, and communicate the principal's wishes and decisions. The section is written for adults with intellectual or developmental disabilities. It directs the Department of Behavioral Health and Developmental Services to run an education program, develop model agreements and report each year by November 1; it does not set signing formalities for the agreement. Chapter 20 then names supported decision-making agreements among the less restrictive alternatives the guardian ad litem and the court must consider (§§ 64.2-2003(B)(v), 64.2-2007(C)).

Health care decisions without a guardian. If an adult patient cannot make an informed decision and has no advance directive covering the care, the attending physician may rely on authorization from, in this order: a guardian; the spouse, except where a divorce action has been filed and the divorce is not final; an adult child; a parent; an adult brother or sister; any other relative in descending order of blood relationship; and then an adult who has shown special care and concern, though that last person may not authorize withdrawal of life-prolonging procedures (§ 54.1-2986(A)). The statute says the first item "shall not be construed to require such appointment in order that a health care decision can be made under this section."

Social Security. Social Security appoints its own representative payee and may choose someone other than a court-appointed guardian (20 C.F.R. § 404.2001); our guardianship hub covers the federal layer.

Moving to or from Virginia

Virginia enacted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act as chapter 21. A guardian or conservator appointed in Virginia may petition to transfer the case to another state (§ 64.2-2114). A guardian appointed in another state may register the order here:

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in the Commonwealth, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in the Commonwealth by filing as a foreign judgment in a court, in any appropriate county or city of the Commonwealth, certified copies of the order and letters of office.

Va. Code § 64.2-2116

Recent changes

• 2026 Acts chapters 442 and 443 added § 64.2-2009.2 on capacity to vote and amended §§ 64.2-2000, 64.2-2003, 64.2-2009 and 64.2-2009.1, including the guardian ad litem's voting-capacity report and the voting question at periodic review hearings.
• 2026 Acts chapters 265 and 266 amended § 64.2-2011, on qualification of a guardian or conservator, and § 64.2-2014, on the clerk's indexing and notice of findings of incapacity or restoration.
• 2025 Acts chapter 148 amended § 64.2-2020 on guardian reports and § 64.2-2023 on conservator gifts, disclaimers and trusts.
• 2023 Acts chapter 460 added § 64.2-2019.1, the procedure a guardian must follow to restrict the person's contact with others, and 2023 Acts chapter 595 added the periodic review hearings in §§ 64.2-2009(A1) and 64.2-2009.1, which apply beginning July 1, 2023.

Virginia guardianship at a glance

Related Virginia pages

• Guardianship laws by state
• Virginia power of attorney laws
• Virginia child custody laws
• Virginia grandparents' rights
• Virginia probate
• Maryland guardianship laws
• North Carolina guardianship laws

This article provides general legal information about Virginia guardianship and conservatorship law, not legal advice. Cases turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in Virginia or the circuit court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

What is the difference between a guardian and a conservator in Virginia?

A guardian is appointed for an incapacitated adult's personal affairs, such as health, care and safety, and a conservator is appointed to manage the adult's property and financial affairs; a court may appoint one, the other or both, and either may be limited (Va. Code §§ 64.2-2000, 64.2-2009).

What must be proved to get guardianship of an adult in Virginia?

The court or jury must determine on the basis of clear and convincing evidence that the respondent is incapacitated and in need of a guardian or conservator, after considering the respondent's limitations, maximum self-reliance and independence, and less restrictive alternatives such as advance directives, supported decision-making agreements and durable powers of attorney (Va. Code § 64.2-2007(C), (D)).

Does the person get a lawyer in a Virginia guardianship case?

A guardian ad litem is appointed on every petition (Va. Code § 64.2-2003). The respondent may hire counsel, and if unrepresented the court may appoint counsel on the request of the respondent or the guardian ad litem if it determines counsel is needed to protect the respondent's interest (§ 64.2-2006).

How long can a power of attorney for a child last in Virginia?

Up to 180 days under Va. Code § 20-166; a new power of attorney is needed after that. A service member on active duty longer than 180 days may delegate for longer, but not beyond the term of active duty plus 30 days. Consent to marriage or adoption, an abortion, and termination of parental rights cannot be delegated.

Can a parent name a guardian for a child in a will in Virginia?

Yes. Every parent may appoint by will a guardian of the minor child's person and a guardian for the estate the parent leaves the child; the appointment is void if the guardian renounces it or does not appear within six months after the will is probated to accept and give any required bond (Va. Code § 64.2-1701).

How does standby guardianship work in Virginia?

The juvenile court may approve a standby guardian whose authority begins on a triggering event such as the parent's incompetence, death, or detention, incarceration or deportation in connection with an immigration action (Va. Code §§ 16.1-350, 16.1-351). A parent's written designee must petition for court approval no later than 30 days after the designee's authority begins (§ 16.1-352(D)).

Does a person under guardianship in Virginia lose the right to vote?

A finding of incapacity is not a finding that the person cannot understand the act of voting unless the order specifically says so, and a court may find a person disqualified to vote for lack of capacity only by clear and convincing evidence that the person lacks the capacity to understand the act of voting (Va. Code §§ 64.2-2000, 64.2-2009.2).

Where does a Virginia guardian file the annual report?

With the local department of social services where the person lives: the initial report within six months of qualification, then each later report within four months after the end of each 12-month period, on the Supreme Court form with a $5 filing fee (Va. Code § 64.2-2020(A)).

How can a guardianship be ended in Virginia?

The person, the guardian or conservator, any other person, or the court may seek restoration, modification or termination; an unrepresented person may start with an informal written communication to the court. The court restores capacity if it finds by a preponderance of the evidence that the person has substantially regained the relevant ability (Va. Code § 64.2-2012).