What Is Guardianship in Virginia? Types, Duties, and When It’s Needed

Life can change quickly, and sometimes loved ones are no longer able to manage their own personal, medical, or financial affairs. In these situations, guardianship becomes an important legal tool that allows someone trustworthy to step in and make responsible decisions on their behalf.

In Virginia, guardianship is designed to protect vulnerable individuals—whether that’s a child, an aging parent, or an adult with disabilities. Understanding how guardianship works helps families take the right steps to ensure their loved one’s well-being and future security.

Understanding Guardianship in Virginia

Guardianship is a court-approved legal arrangement where one person (the guardian) is appointed to make decisions for another person (the ward), who is unable to manage their own affairs due to age, incapacity, or disability.

The purpose of guardianship is protection—not control. A guardian’s authority is limited to what the court allows and is always focused on the ward’s best interests.

In Virginia, guardianships typically fall into two main categories:

Guardianship of the Person – covering daily living, medical care, and overall well-being.
Conservatorship (Guardianship of the Estate) – covering financial management, property, and income decisions.

Types of Guardianship in Virginia

1. Full Guardianship

A full guardianship gives the guardian authority to make nearly all major decisions on behalf of the ward. This is usually granted when the person is completely unable to manage their own affairs due to severe incapacity.

2. Limited Guardianship

A limited guardianship provides authority over only certain areas—such as medical treatment, housing, or finances. Virginia courts prefer this option when the ward can still handle some responsibilities independently.

This approach ensures that the person’s independence is preserved as much as possible while still providing necessary protection.

3. Temporary or Emergency Guardianship

In urgent situations—such as sudden hospitalization or immediate risk—Virginia law allows temporary guardianships. These typically last up to 60 days and are designed to protect the individual until a full hearing can be held.

When Guardianship Is Needed

Guardianship is often appropriate when:

An elderly person develops dementia or Alzheimer’s disease and cannot manage their care or finances.
A child’s parents pass away or become unable to care for them.
An adult with a disability requires support for medical or financial decisions.
A medical emergency leaves someone incapacitated without a power of attorney in place.

While guardianship provides structure and protection, it should always be viewed as a last resort—only used when less restrictive alternatives (like power of attorney or advance directives) are no longer sufficient.

Duties and Responsibilities of a Guardian

A guardian’s role is both compassionate and accountable. In Virginia, a guardian may be responsible for:

Ensuring the ward has safe housing and proper medical care.
Making healthcare and treatment decisions in consultation with doctors.
Managing daily needs, including food, transportation, and personal care.
Filing annual reports with the court to demonstrate that the ward’s needs are being met.
Acting with integrity and avoiding any conflict of interest or misuse of funds.

Courts oversee guardianship arrangements carefully, and guardians must follow strict reporting requirements to ensure transparency and accountability.

Alternatives to Guardianship

Before pursuing guardianship, consider whether a less restrictive legal option could meet your family’s needs. Alternatives include:

Durable Power of Attorney – allows someone to make financial or medical decisions if the person becomes incapacitated.
Advance Medical Directive – documents healthcare wishes in advance.
Representative Payee or Trust – manages income or assets without court involvement.

An experienced attorney can help you determine which path best protects your loved one’s rights and future.

Why Work With Cheryl Eddy Benn, P.C.

At Cheryl Eddy Benn, P.C., we understand that establishing guardianship is both a legal and emotional decision. With over 35 years of experience, Attorney Cheryl Eddy Benn provides reliable and compassionate representation for families across Hampton Roads, Virginia Beach, Norfolk, and surrounding areas.

Our firm works closely with families to: