Due to the complex nature of Conservatorships and Guardianships of Incapacitated Adults, it is strongly recommended that you consult with a Virginia attorney for legal advice. The Clerk of the Court cannot render legal advice or provide any forms for the filing of any legal court documents (i.e. petitions, orders, etc.) If you need legal assistance or aid, you may refer to the Legal Aid Information QuickLink to the right provided by the Law Library. No one has the legal authority to act as a Conservator or Guardian until they have completed all of the legal steps.
The following are the Clerk’s understanding of the legal steps for a person to obtain the legal authority to become a Conservator and/or Guardian:
- First: A petition or other legal pleading must be prepared by you or your attorney and filed with Circuit Court Civil Division seeking to have an adult adjudged incapacitated and seeking to have a Conservator and/or Guardian appointed.
- Second: A hearing before a Judge must be set on the Court’s docket by you or your attorney.
- Third: After the hearing a Judge will issue a ruling determining if the adult is incapacitated and to appoint a Conservator and/or a Guardian.
- Fourth: A Court Order must be prepared by you or your attorney for the Judge to sign to adjudge the adult to be incapacitated and to appoint you as Conservator and/or Guardian.
- Fifth: After the Court Order has been signed by a Judge you must schedule an appointment with the Clerk’s Probate Division to formally qualify as Conservator and/or Guardian.