Conservatorship in Virginia: Petition, Hearing, and Duties

A conservatorship in Virginia is a court order giving one person legal authority to manage another adult’s finances when that adult can no longer do so safely on their own. The appointment happens in circuit court, requires clear and convincing evidence of incapacity, and brings with it ongoing duties and court oversight that last as long as the arrangement does.

Because a conservatorship takes financial autonomy away from an adult, Virginia law layers in protections at every step: a guardian ad litem investigates the situation, the judge must consider less restrictive options first, and the conservator has to report regularly to a court-appointed reviewer after appointment.

What a Conservator Does

A conservator handles money and property. That means paying bills, managing bank and investment accounts, maintaining insurance, protecting assets from exploitation, and making financial decisions the incapacitated person can no longer make for themselves. A conservator is a fiduciary, which means they must act solely for the benefit of the person under conservatorship.¹

A conservator does not make medical or personal-care decisions. Those decisions belong to a guardian, which is a separate appointment under Virginia law, though the same person can sometimes serve as both. If finances are the only concern, a conservatorship alone is enough.

Before a court will appoint anyone, it has to look at whether a less restrictive arrangement already does the job. A valid durable power of attorney covering finances, a revocable trust set up before incapacity, or a Social Security representative payee can all reduce or eliminate the need for a conservator. Virginia law specifically says a conservator need not be appointed for someone who already has an agent under a durable power of attorney, unless the court finds the agent is not acting in the principal’s best interests or there are decisions outside that document’s scope. The same goes for someone whose only significant income comes from Social Security or another government program and who already has a representative payee.²

Who Can File a Petition

Any person may file a petition for the appointment of a conservator in Virginia, including a community services board or any other local or state government agency.³ There is no family-only rule. A spouse, adult child, parent, sibling, friend, caregiver, neighbor, or even a bank officer who sees signs of financial trouble can bring the petition.

The petition is filed in the circuit court where the respondent lives. It has to identify the respondent, the petitioner, known close relatives (spouse, adult children, parents, adult siblings), anyone currently providing care, and any existing legal documents like a power of attorney or advance directive. It also has to describe the nature of the alleged incapacity and give a confidential snapshot of the respondent’s property, income, and debts. The petition must request appointment of a guardian ad litem.³

Once the petition is filed, the respondent must be personally served with notice, a copy of the petition, and the order appointing the guardian ad litem. The respondent cannot waive this. Failure to serve the respondent properly is a jurisdictional defect that can void the entire proceeding.⁴ Other adults named in the petition receive mailed notice and can become parties by filing a pleading.

Proving Incapacity

Virginia defines an incapacitated adult as someone a court finds incapable of receiving and evaluating information effectively, or of responding to people, events, or their environment, to such an extent that they cannot manage their property or financial affairs without a conservator’s protection.⁵ One statutory limit matters a great deal in practice: poor judgment alone is not enough. A pattern of bad financial choices, by itself, does not meet the threshold.

Courts rely on evaluations from physicians, psychologists, or psychiatrists. The most persuasive reports identify specific cognitive deficits and connect them to practical financial tasks: bill-paying, asset management, vulnerability to scams or undue influence. A report that only names a diagnosis, without explaining the functional effect, carries little weight. The respondent can participate in the assessment and present competing evidence, and the court can conclude that someone with mild impairment retains enough capacity to handle routine finances even if complex decisions are beyond them.

The Guardian Ad Litem

Every conservatorship case in Virginia gets a guardian ad litem (GAL), an attorney appointed by the court to represent the respondent’s interests. The GAL’s fee is set by the court and paid by the petitioner or charged as court costs.⁶

The GAL must personally visit the respondent, advise them of their legal rights, investigate the petition and the evidence behind it, consider whether a less restrictive alternative exists, and attend every court proceeding. The GAL then files a written report addressing jurisdiction, whether a conservator is actually needed, how broad the powers should be, whether the proposed conservator is suitable, a recommended bond amount, and where the respondent should live. Judges rely heavily on this report, so cooperating with the GAL’s investigation is usually in the family’s interest.

The Hearing

The hearing must take place within 120 days of filing, unless the court postpones it for cause.⁷ The respondent has the right to be present, to request a jury, to compel witnesses, to present evidence, and to cross-examine the petitioner’s witnesses. Whether the respondent appears or not, the court treats the petition’s allegations as denied, so the full burden stays on the petitioner.

The petitioner must prove by clear and convincing evidence that the respondent is incapacitated and needs a conservator. Before deciding, the court weighs seven statutory factors: the respondent’s limitations, the goal of maximizing self-reliance, available less restrictive alternatives, the protection needed against neglect or exploitation, the specific actions a conservator would need to take, the suitability of the proposed conservator, and the respondent’s best interests. An order granting the petition must include specific findings of fact and conclusions of law.⁷

The court does not have to choose between full control and nothing. If the respondent can still manage parts of their finances, the court can appoint a limited conservator whose authority covers only specific areas named in the order.² Someone who can handle a checking account but not investment decisions might only need a conservator for the investment side.

When more than one person wants the role, the court weighs the proposed conservator’s relationship with the respondent, geographic proximity, ability to do the job, potential conflicts of interest, and the respondent’s own preferences.⁶ If no suitable family member or friend is available, the court can appoint a professional conservator.

What It Costs

The circuit court filing fee for a conservatorship petition is $20, made up of a $10 petition fee plus $5 in writ tax and $5 for the technology trust fund.⁸ That is the smallest line on the bill.

Guardian ad litem fees, set by the court, are typically the next cost. Medical and psychological evaluations needed to support the incapacity finding add more. If the court requires a surety bond, which it almost always does when an estate has meaningful assets, the conservator pays an annual premium that generally runs from 0.5% to several percent of the bond amount. If the estate holds $25,000 or less in assets, the court may allow the conservator to qualify without posting surety.⁹

After appointment, conservators are entitled to reasonable compensation paid from the estate. Virginia does not fix a percentage; the commissioner of accounts reviews fees for reasonableness during the annual accounting process, and the court can adjust them.¹ Family conservators often waive compensation. Professional conservators do not, and those fees compound over the years an arrangement lasts.

Duties and Powers After Appointment

The conservator must take care of and preserve the estate, manage it to the best advantage, and apply the income toward the incapacitated person’s debts, maintenance, and support of any legal dependents. If income is insufficient, the conservator can use principal.¹

Virginia law grants the conservator a set of specific powers: accepting or rejecting contracts the incapacitated person entered, paying expenses directly to service providers and care facilities, maintaining life, health, casualty, and liability insurance, borrowing money and mortgaging estate property when needed, and bringing legal proceedings to revoke a power of attorney or make spousal elections. The court’s order can expand or restrict these powers. Major transactions like selling real property require a report from the commissioner of accounts, which the court must confirm before closing.¹⁰

When making decisions, the conservator should consider the respondent’s known wishes and prior financial habits. The role is to protect, not to override preferences without reason.

Ongoing Reporting and Oversight

Virginia enforces conservatorship through the commissioner of accounts, a court-appointed officer in each circuit who reviews fiduciary records. Within six months of qualifying, a conservator must file a first account showing all money and property received, all amounts the conservator has become responsible for, and all disbursements during the first four months.¹¹

After that, the conservator files annual accounts covering each 12-month period, due within four months after the period closes. The commissioner can extend deadlines for reasonable cause. Each account is signed under oath, and a false entry carries a civil penalty of up to $500. For Medicaid recipients, the commissioner’s fee is capped at $25.¹¹

Since July 2023, the appointment order must also set a schedule of periodic court reviews. The first review has to happen within one year of appointment, and subsequent reviews at least every three years, unless the court finds them unnecessary or impracticable.² These reviews let the court check whether the conservatorship is still needed and whether the conservator is doing the job.

A conservator who breaches fiduciary duty can be held personally liable. Common triggers are using conservatorship funds for personal benefit, failing to file required accounts, keeping inadequate records, and making decisions that clearly do not serve the incapacitated person. The court can order the conservator to reimburse the estate and can remove them from the role. Interested parties, including family members and the GAL, can petition for review at any time.

Changing or Ending a Conservatorship

A conservatorship is not permanent by nature. The incapacitated person or any interested party can petition the original court to restore capacity, modify the conservatorship’s scope, or terminate it. The court will appoint a guardian ad litem and may order new evaluations. If the court finds the person is no longer incapacitated, it enters an order restoring capacity and returning financial control.¹²

The conservator can also petition for modification or termination, sometimes after identifying that a less restrictive tool like a trust or power of attorney could do the same work. The court uses the same hearing procedure regardless of who files, and it can charge costs, including GAL and evaluation fees, to the incapacitated person’s estate. If the estate cannot cover those costs, the court may order the Commonwealth to pay.¹²

Death ends the conservatorship. The conservator settles remaining financial obligations, distributes assets according to the person’s estate plan or Virginia’s intestacy laws, and files a final accounting. A conservator who mishandled funds during the arrangement remains personally liable even after it ends.

Federal Benefits Are a Separate Track

Being appointed conservator by a Virginia court does not automatically give you authority over federal benefits. The Department of Veterans Affairs runs its own fiduciary program. The VA may recognize a court-appointed conservator when choosing a fiduciary, but it keeps independent authority over who manages VA benefits, and a VA fiduciary has its own obligations: annual accountings to the VA, a possible separate surety bond, and periodic fund usage reviews.¹³ If the incapacitated person receives VA benefits, expect a second appointment process.

Social Security works through its own representative payee system. If government benefits are the person’s only significant income and a payee is already in place, Virginia law treats that alone as a reason a conservator may not be needed.² If the person has other assets beyond federal benefits, a payee alone will not reach them, and a conservatorship may still be the right tool for the rest of the estate.

1
Virginia Code Commission. Virginia Code 64.2-2021 – General Duties and Liabilities of Conservator
2
Virginia Code Commission. Virginia Code 64.2-2009 – Court Order of Appointment; Limited Guardianships and Conservatorships
3
Virginia Code Commission. Virginia Code 64.2-2002 – Who May File Petition; Contents
4
Virginia Code Commission. Virginia Code 64.2-2004 – Notice of Hearing; Jurisdictional
5
Virginia Code Commission. Virginia Code 64.2-2000 – Definitions
6
Virginia Code Commission. Virginia Code 64.2-2003 – Appointment of Guardian Ad Litem
7
Virginia Code Commission. Virginia Code 64.2-2007 – Hearing on Petition to Appoint
8
Virginia’s Judicial System. Circuit Court Fee Schedule (Appendix C)
9
Virginia Code Commission. Virginia Code 64.2-1411 – When Fiduciary May Qualify Without Security
10
Virginia Code Commission. Virginia Code 64.2-2022 – Management Powers and Duties of Conservator
11
Virginia Code Commission. Virginia Code 64.2-1305 – Conservators, Guardians of Minors Estates, Committees, Trustees, and Receivers
12
Justia. Virginia Code 64.2-2012 – Petition for Restoration, Modification, or Termination; Effects
13
Department of Veterans Affairs. Fiduciary Program Fact Sheet