How to Become a Guardian Ad Litem in Virginia: Tracks, Courses, and Application

To become a guardian ad litem in Virginia, you need an active Virginia law license, completion of a qualifying course offered through Virginia CLE, and certification by the Office of the Executive Secretary of the Supreme Court of Virginia. Virginia runs two separate GAL programs, one for representing children and one for representing incapacitated adults, and each has its own course, application, and recertification cycle.¹ You can qualify in one or both, but the training does not transfer between them.

Choose Your Track First

The children’s program qualifies you for appointment in juvenile and domestic relations district courts and circuit courts in abuse, neglect, custody, and termination of parental rights cases. The incapacitated persons program qualifies you for appointment in circuit court guardianship and conservatorship proceedings under Chapter 20 of Title 64.2.¹ These are different bodies of law with different clients, so most new applicants pick one to start.

Baseline Eligibility

You must be an active member in good standing of the Virginia State Bar.² A current, unrestricted license to practice law in the Commonwealth is the floor. Attorneys licensed only in other states do not qualify, and neither do attorneys whose Virginia membership has lapsed or been suspended. The appointment statute for children’s cases calls for “a discreet and competent attorney-at-law,” which leaves judges room to weigh temperament and experience alongside the license itself.³

Complete the Qualifying Course for Your Track

Each program has one required course, offered through Virginia CLE. The hours differ.

Children’s Program: Seven-Hour Course

The required course is “Representation of Children as a Guardian Ad Litem,” a seven-hour program covering child development, abuse and neglect law, the juvenile court system, and the ethics of representing a client who may be too young to articulate their own wishes.² The standards the Judicial Council adopted under Virginia Code § 16.1-266.1 call for familiarity with the court system, current training in GAL roles and responsibilities, and proficiency in juvenile law.⁴

Incapacitated Persons Program: Six-Hour Course

The required course is “Representation of Incapacitated Persons as a Guardian Ad Litem,” a six-hour program.⁵ The subject matter is guardianship and conservatorship law under Title 64.2, the physical and mental conditions that cause incapacity due to aging or disability, community resources for incapacitated persons, and the ethics of representing clients who may lack decision-making capacity.⁶

The Two-Year Window

All initial qualification requirements must be completed within the two years immediately before you request qualification.² A course you took three years ago and never applied with will not count; you would need to take it again. Virginia CLE offers each qualifying course a limited number of times per year, so plan the schedule in advance.

Submit Your Application

After completing the course, send your application to the Office of the Executive Secretary at the Supreme Court of Virginia, 100 North Ninth Street, Third Floor, Richmond, VA 23219.⁵ The application calls for your Virginia State Bar identification number, the dates and titles of qualifying courses you have completed, and a statement of your qualifications outlining relevant experience.

Treat the statement seriously. Judges reviewing the certified list look for attorneys whose practical background fits the cases they will be assigning. For the children’s track, custody work, supervised visitation disputes, or representation of parents in CPS proceedings is worth spelling out. For the incapacitated persons track, estate planning, elder law, disability rights, or mental health proceedings carry weight.

What Happens After You’re Listed

Once the Office of the Executive Secretary confirms you have met the requirements, you are added to the statewide list of qualified guardians ad litem. For the children’s program, the list is distributed electronically to juvenile and domestic relations district courts across Virginia.⁷ The Judicial Council maintains the list under Virginia Code § 16.1-266.1, and judges select from it when making appointments.⁴

Being on the list does not guarantee appointments. Judges have discretion in choosing which qualified attorney to assign, and in practice they build working relationships with GALs whose work they trust. If no attorney on the list is reasonably available, a judge may appoint any competent Virginia-licensed attorney at their discretion.⁴ If you want a steady caseload, introduce yourself to the judges and clerks in your judicial circuit after you are listed.

Staying Qualified

Keeping your name on the list requires six hours of approved continuing education every two years on topics specific to your program track.² The same six-hour biennial requirement applies to the incapacitated persons program.⁸ Unused hours do not carry into the next cycle, so there is no advantage to front-loading credits.

Report your continuing education either through the secure online Guardian Ad Litem Information System (GALIS) using your VSB credentials, or by filing a paper certification form with the Office of the Executive Secretary. You must also remain an active member in good standing with the Virginia State Bar throughout your qualification period.²

You can be removed from the qualified list for three reasons: you submit a written request to be removed, you fail to complete the biennial continuing education, or your Virginia law license is suspended or revoked.² The same grounds apply to the incapacitated persons program.⁸ A court can also reduce or deny a GAL’s fee in a specific case if the GAL fails to substantially comply with the adopted standards, a case-level consequence that functions like discipline without formal removal.⁹

How the Work Pays

In children’s cases, the court orders the parent or other petitioning party to reimburse the Commonwealth for GAL costs, up to the amount the court awards the GAL.⁹ In guardianship and conservatorship cases, the GAL’s fee is fixed by the court and paid by the petitioner or taxed as costs at the judge’s direction.¹⁰ Hourly rates vary by circuit and case complexity. This is not a high-rate practice, but the appointments are steady for attorneys who want the work.

Picking Between the Two Programs

If you are not sure which track fits, sit in on a few juvenile court or circuit court guardianship hearings and watch the GALs work. The children’s program generates a higher volume of appointments in most circuits. The incapacitated persons track tends to be less emotionally fraught and often suits attorneys with estate planning or elder law backgrounds. Either track asks for comfort with difficult conversations, careful investigation, and written reports that judges rely on when making decisions for people who cannot fully advocate for themselves.

1
Virginia Judicial System. Guardians Ad Litem
2
Supreme Court of Virginia. Frequently Asked Questions Guardians Ad Litem for Children Program
3
Virginia Code Commission. Virginia Code 16.1-266 – Appointment of Counsel and Guardian Ad Litem
4
Virginia Code Commission. Virginia Code 16.1-266.1 – Standards for Attorneys Appointed as Guardians Ad Litem
5
Virginia Continuing Legal Education. Representation of Incapacitated Persons as a Guardian Ad Litem – 2025 Qualifying Course
6
Supreme Court of Virginia. Standards to Govern the Appointment of Guardians Ad Litem for Incapacitated Persons
7
Virginia’s Judicial System. Guardians Ad Litem for Children
8
Supreme Court of Virginia. Frequently Asked Questions Guardians Ad Litem for Incapacitated Persons Program
9
Virginia Code Commission. Virginia Code 16.1-267 – Compensation of Appointed Counsel
10
Virginia Code Commission. Virginia Code 64.2-2003 – Appointment of Guardian Ad Litem