Guardianship and conservatorship in Virginia: who, where, cost
How a court can name a guardian or conservator in Virginia, what it costs and what to try first.
Checked against official sources: October 31, 2026.
Short answer
Guardian (personal affairs), conservator (estate and financial affairs); limited guardian or conservator; temporary guardian or conservator.
- Filing fee
- The circuit court clerk's fee for filing a petition for guardianship or conservatorship is $10.
- Court
- Circuit court of the county or city where the adult lives or is located (or lived before entering a hospital or care facility).
What guardianship or conservatorship is
- What it is called
Guardian (personal affairs), conservator (estate and financial affairs); limited guardian or conservator; temporary guardian or conservator
- When a court may appoint one
An 'incapacitated person' is an adult a court finds unable to receive and evaluate information or respond to people, events or environments to the point of lacking capacity to meet essential needs for health, care and safety, or to manage property and finances. Poor judgment alone is not enough. The court or jury must find this by clear and convincing evidence and must consider less restrictive alternatives, including advance directives, supported decision-making agreements and durable powers of attorney.
Law: Va. Code 64.2-2000, 64.2-2007
- Kinds
- Guardian
- Conservator
- Limited guardian or limited conservator
- Temporary guardian or conservator
- Guardian and conservator together
Law: Va. Code §§ 64.2-2000 to 64.2-2009, 17.1-275
Who can ask, which court and your own choice
- Who may ask
Any person, including a community services board or any local or state government agency.
Law: Va. Code 64.2-2002
- Court
Circuit court of the county or city where the adult lives or is located (or lived before entering a hospital or care facility).
- Choosing your own
You can nominate a conservator or guardian in a power of attorney for the court to consider. The petition must list any guardian or conservator you nominated.
Law: Va. Code 64.2-1606(A); Va. Code 64.2-2002
- Effect on a power of attorney
If a guardian, conservator or other fiduciary for your property is appointed, your agent must account to that fiduciary as well as to you. The power of attorney continues unless the court limits, suspends or ends it.
Law: Va. Code 64.2-1606(B)
Cost, fee waiver and forms
- Filing fee
The circuit court clerk's fee for filing a petition for guardianship or conservatorship is $10. When a guardian or conservator qualifies, the clerk charges $20 for estates up to $50,000, $25 up to $100,000 and $30 above $100,000, with no fee for estates of $5,000 or less. The guardian ad litem's fee is set by the court and paid by the petitioner or taxed as costs.
Law: Va. Code 17.1-275(A)(42); Va. Code 17.1-275(A)(3); Va. Code 64.2-2003
- Fee waiver
Petition for Proceeding in Civil Case Without Payment of Fees or Costs, form CC-1414.
Other options and where to report abuse
- Supported decision-making
Supported decision-making agreements
Effective 2021 (Acts 2021, Special Session I, c. 232)
An adult with an intellectual or developmental disability can make an agreement with a supporter who helps them get and understand information, weigh options and communicate their own decisions. Courts and guardians ad litem must consider such agreements as a less restrictive alternative to guardianship.
The statute does not set signing formalities; the Department of Behavioral Health and Developmental Services develops model agreements.
Source: Official text
- Less restrictive options
- Durable power of attorney: An agent you choose handles money and property.
- Advance directive: A health care agent and your treatment wishes.
- Supported decision-making agreement: Supporters help an adult with an intellectual or developmental disability make their own decisions.
- Limited guardianship or conservatorship: The court gives only the powers needed and the person keeps other rights.
- Report abuse or exploitation
Adult Protective Services (Virginia Department for Aging and Rehabilitative Services; local departments of social services) · (888) 832-3858
Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov
Law: Va. Code §§ 37.2-314.3, 64.2-2003, 64.2-2007
Free help in Virginia
- Virginia Law Help (statewide legal aid website)
- Virginia Department of Health: Advance Health Care Directive Registry
- Code of Virginia: suggested advance directive form (54.1-2984)
- Virginia courts: guardianship/conservatorship cover sheet CC-1640
Report abuse or exploitation
Adult Protective Services (Virginia Department for Aging and Rehabilitative Services; local departments of social services) · (888) 832-3858
Questions about powers of attorney in Virginia
How does guardianship or conservatorship work in Virginia?
An 'incapacitated person' is an adult a court finds unable to receive and evaluate information or respond to people, events or environments to the point of lacking capacity to meet essential needs for health, care and safety, or to manage property and finances.
What does a guardianship or conservatorship cost in Virginia?
The circuit court clerk's fee for filing a petition for guardianship or conservatorship is $10. When a guardian or conservator qualifies, the clerk charges $20 for estates up to $50,000, $25 up to $100,000 and $30 above $100,000, with no fee for estates of $5,000 or less.
What are the alternatives to guardianship in Virginia?
Durable power of attorney; Advance directive; Supported decision-making agreement; Limited guardianship or conservatorship.