In Virginia, a court can appoint a guardian or conservator to help an adult who can no longer make safe decisions. Both roles come with strict legal duties, and ignoring them can lead to personal liability.
What a guardian is responsible for
A guardian manages the personal well-being of an incapacitated person, known as the ward. Under Va. Code § 64.2-2021, a guardian must act in the ward’s best interest while respecting their known wishes and values. Core personal care duties include:
- Medical decisions: Choose treatments, therapies and health care options for the ward.
- Living arrangements: Decide where the ward lives, favoring the least restrictive setting possible.
- Annual reporting: File a report with the local Department of Social Services every year.
- Advance directives: Follow any valid advance directive or power of attorney unless a court order says otherwise.
Failing to follow these duties can expose you to court action or removal from the role.
What a conservator is responsible for
A conservator handles the ward’s financial affairs and estate. This role is strictly limited to money and property management. Key financial duties include:
- Initial inventory: File a full inventory with the Commissioner of Accounts within four months of being appointed.
- Asset protection: Manage the ward’s income and property carefully and in their best interest.
- Separation of funds: Never combine the ward’s money with your own.
- Annual accounting: Submit yearly financial reports showing all income, spending and account balances.
These requirements exist throughout Title 64.2, Chapter 20 of the Virginia Code, which governs adult guardianship and conservatorship.
Fiduciary liability and court oversight
Guardians and conservators are both fiduciaries. That means the law holds you to a high standard of care. You could be personally responsible for losses caused by careless decisions or misuse of funds. You must also follow your court order exactly. If your order limits your powers, you cannot go beyond what it allows.
Next steps for guardians and conservators
Serving in either role involves ongoing legal responsibilities that can be difficult to navigate alone. An attorney can help you understand your obligations under Virginia law and fulfill your duties as a guardian or conservator.