Guardianships and Conservatorships

"CONSERVATOR" is a person, named by the court, to make all financial decisions for the incapacitated person, subject to any limitations in the order of appointment.

"GUARDIAN" is a person, named by the court, to make all non-property decisions for the incapacitated person, subject to any limitations in the order of appointment. (Prior to January 1, 1998, the person authorized by the court to make decisions on behalf of another was designated guardian of the person, guardian of the property or guardian of the person and property.)

"GUARDIAN AD LITEM" is the attorney appointed to represent the interests of the incapacitated person in all matters relating to the pending petition. A guardian ad litem is obligated to inquire into and report to the court on any relevant or material matter.

"INCAPACITATED PERSON" refrs to the person who has been determined to be in need of a guardian or conservator and for whom one or both have been appointed.

"INCAPACITY" refers to the inability of a person to handle his or her affairs, but the term implies that the condition is more temporary than for a person who is incompetent.

"INCOMPETENCE" refers to the inability of a person to handle his or her affairs, but it implies that the condition is more permanent than for a person who is incapacitated. After January 1, 1998, this term is not used in Virginia.

* For the Virginia Handbook for Guardians and Conservators: A Practical Guide for Court-Appointed Guardians and Conservators of Adults see the Publications page on this website.