Not everyone can live independently throughout adulthood. Some people experience challenges that prevent them from acting in their own best interests. The Virginia courts can appoint a competent adult to support someone struggling with medical challenges.
Incapacitated adults dealing with cognitive decline, catastrophic medical issues or severe mental health challenges may require the support of someone healthier. Guardians or conservators are competent adults tasked with managing the resources or daily needs of a vulnerable person.
The ward subject to the guardianship or conservatorship does not have control over their medical care, living arrangements or finances. When does a guardianship or conservatorship typically end?
The ward can take the matter to court
In some cases, guardianships or conservatorships end after the recovery of the individual who needed support. When their condition improves, they can petition the courts to reinstate their legal and financial autonomy. Provided that the courts agree that the individual’s circumstances have improved, they may reverse the guardianship or conservatorship.
When the health of the ward subject to the guardianship or conservatorship declines and they die, the conservator or guardian loses their authority. At that point, the personal representative of their estate has to assume control over the situation.
The assets the conservator may have managed become the property of the estate. The medical and practical obligations that fell to the guardian end, and other parties may have to handle the funeral arrangements depending on the circumstances.
Both those subject to guardianships or conservatorships and those providing support for vulnerable people often have questions about this unique legal arrangement. Understanding when guardianships and conservatorships can help people protect themselves and vulnerable individuals they love.