Filing a petition for Guardianship or Conservator in Virginia
Date: August 1, 2025
Location
The statute gives three options for where to file the petition, depending on the circumstances. First, and most commonly, a petitioner can file in the locale where the loved one (called a “respondent” in the statute) resides. Second, if the loved one is hospitalized or resides in a nursing home/assisted living facility, the petitioner can file in the location where the loved one resided immediately prior. Finally, if the loved one resides out of state and the petition is to manage property in the state, the petition is filed where the property is located.
Who Can File
The statute allows any person to file a petition for guardianship or conservatorship. The law is designed to cast a wide net to make sure that this vulnerable population is able to obtain the assistance they need during their incapacity. Even local or state government agencies can file a petition.
What the Petition Must Contain
The petition must include the following key pieces of information:
- The loved one’s name, date of birth, place of residence or location, address, and a social security number (filed confidentially)
- The name and addresses of the loved one’s spouse, adult children, parents, and adult siblings
- If there are no such relatives, the petition must identify at least three other known relatives
- The name and address of the individual or facility who has assumed responsibility for the loved one
- Whether there is any conservator/guardian already appointed or identified
- The name and address of the loved one’s primary health care provider
- A brief description of the nature and extent of the incapacity
- A brief description of the services currently being provided to the loved one for their health, care, and safety and a recommendation for a treatment plan and living arrangements
- The name and address of any proposed guardian or conservator and the relationship to the loved one
- The native language of the loved one
- A statement of the financial resources of the loved one and approximate value of the loved one’s property, income, and debts (filed confidentially)
- A statement of whether the petitioner believes that the loved one’s attendance at the hearing would be detrimental to the loved one
- The basis for the court’s jurisdiction (if there are multiple proceedings in different locations)
Who Must be Given Notice
When a petition is filed, the Court must appoint a guardian ad litem (an individual who is charged to independently represent the interests of the loved one) and promptly set a hearing. The loved one must receive notice of the hearing by personal service of the notice of the hearing, the petition, and the order appointing the guardian at litem. Personal service means the documents are given directly to the loved one. This is typically accomplished by the guardian ad litem, who will visit the loved one in person.
The notice and petition must also be mailed at least 10 days before the hearing to all adult individuals and to all entities whose names and addresses appear on the petition. Any of those individuals or entities may then become a party to the proceeding if they wish.
The notice of hearing itself must include specific language set forth in the statute, and the petitioner must file a separate statement of compliance with the notice requirements.
Key Considerations for Filing a Petition for Guardianship or Conservatorship in Virginia
Filing a petition for guardianship or conservatorship in Virginia requires detailed compliance with the requirements set forth in the law. Failure to comply with each step can be detrimental to the success of a petition. If you find yourself needing to protect a loved one through a petition for guardianship or conservatorship, it is important to consult an attorney experienced in the process.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.