Personalized Guardianship & Conservatorship Support In Northern Virginia

In the unfortunate event that a loved one becomes unable to make his or her own decisions and does not have an estate plan laid out, you will need to seek guardianship or conservatorship in order to make decisions on his or her behalf. For many, this process can be confusing and made all that much more difficult because of the situation, emotions and what’s at stake if mistakes are made.

At the Law Office of Krista L. Newton PLLC, our goal is to help individuals and families make smart, well-informed decisions during their time of need. Our attorney, Krista Newton, has considerable experience handling a wide range of estate planning matters, including establishing guardianships and conservatorships for clients throughout northern Virginia.

How We Can Help Families With Guardianship Cases

At the Law Office of Krista L. Newton PLLC, we have handled a wide range of guardianship and conservatorship cases, including situations where a parent has abandoned their child or children, a parent has passed away unexpectedly, or a parent has become incapacitated and is unable to care for their minor child or children.

We understand how truly delicate and sensitive these situations can be, which is why we will address each of your concerns with compassion and understanding. We will use our deep understanding of the law and ability to explain matters in an easy-to-understand way to make sure you understand what is possible, what steps need to be taken in order to achieve your goals and what possible hurdles lie ahead. Our boutique approach means we take the time to truly understand your concerns and address them with compassion and clarity. At no point will you feel alone during the process because we pride ourselves on providing personalized attention every step of the way.

Trustworthy Answers To Your Important Questions About Northern Virginia Guardianship

At the Law Office of Krista L. Newton PLLC, we believe strongly in making sure our clients have the information they need to make informed decisions about their legal matters. We do this by answering questions in a straightforward, easy-to-understand manner.

Below are just a few of the more common questions we get asked regarding guardianships and conservatorships. If you don’t see your question or would like clarification on any of the questions below, we encourage you to contact us to schedule an appointment at our northern Virginia office.

What does it mean to be someone’s guardian?

If a Virginia court has appointed you a guardian, this means you are now responsible for another individual (known as your ward) and their personal affairs. This includes making decisions about their financial support and health care, making arrangements for a place for your ward to live, making decisions regarding their education options, and ensuring their safety among other things.

Being appointed a guardian is different from being appointed a conservator. A conservator only has authority over a ward’s estate and financial affairs. Judges in Virginia have discretion over whether they appoint the same person to uphold both responsibilities or if two people will be appointed, one as conservator and one as guardian.

What are the benefits of selecting a guardian versus court appointment?

There are a lot of duties and responsibilities required of a guardian, which may not be achievable by everyone. Instead of leaving it to chance and hoping that the person the court selects will be able to uphold their duties and responsibilities as a guardian, many people name their own guardian after having a conversation with that individual and confirming that the individual they have selected fully understands what will be asked of them in the event the worst should happen.

Knowing that your guardian understands their duties and responsibilities is just part of the benefit of selecting your own guardian. Most people select a person they trust implicitly, which gives people peace of mind knowing that they will be well cared for and that their guardian is making the same decisions the ward would make for themselves if they were able.

When is the best time to seek guardianship of an elderly loved one?

Because every family’s situation is a little different, there is no cookie-cutter response to this question. The decision to establish a guardianship or conservatorship should be based on your specific circumstances. That having been said, there are a couple of noteworthy things to look out for that could indicate the need for guardianship or conservatorship:

• Onset of serious illnesses or diseases that could lead to incapacitation, such as terminal illnesses, Alzheimer’s disease and dementia, just to name a few
• Confusion or decision-making impairment that is affecting things like obtaining medical treatment, keeping up on financial matters or making simple decisions concerning self-care
• Real estate or property needs to be sold, or investments need to be tended to
• Medical intervention is needed outside of what is outlined in an advance directive

Because guardianship can take away basic rights, such as voting or getting married, it’s very important to seek professional help, such as from an attorney, to ensure you fully understand what will happen if a guardianship is established.

Can I transfer guardianship to someone else if I no longer wish to be a guardian?

Yes. Under § 64.2-2114 of Virginia law, a guardian may petition the court to transfer guardianship to another person. The new individual does not need to be a resident of the state of Virginia in order for the transfer request to be made. Just like with the initial process of requesting guardianship, there is a similar process for transfer requests that require notification of transfer, a plan for care and services, and the option for the new individual to object to the transfer of guardianship.

What is the difference between a guardianship and a conservatorship in Northern Virginia?

Under Virginia law, guardianship and conservatorship serve different but complementary roles when someone cannot manage their affairs. A guardian makes personal decisions about health care, living arrangements and daily care for someone who cannot make these choices themselves due to an illness, disability or age. On the other hand, a conservator focuses on financial matters, such as paying bills, managing property and overseeing investments for the person who needs assistance.

Who can be appointed as a guardian or conservator in Northern Virginia?

Choosing the right person to act as a guardian or conservator is a significant and often difficult decision for any family. In northern Virginia, the court makes the final appointment based on what is in the best interest of your loved one. Guiding this decision is a list of preferred individuals under Virginia law, which includes:

• Adult family members, such as spouses, parents, adult children or siblings
• Close friends with a meaningful relationship to the person in need
• Professional guardians or conservators
• Banks or trust companies to manage complex financial matters

A judge considers various factors to determine whether a potential guardian or conservator is suitable for the role. This includes confirming they are a responsible adult with no criminal history that would create risk. The court also looks into their ability to manage the required duties and ensures they have no conflicts of interest that could harm your loved one. In some cases, a judge may even appoint a professional entity if no suitable individual is available.

What responsibilities will I have as a guardian or conservator?

Accepting the role of a guardian or conservator is a significant commitment that the court entrusts to you. Both roles require you to always act in the best interest of the person you are appointed to protect. Below, we outline the primary responsibilities for each role.

As a guardian, you will manage personal and health care affairs. These include:

• Making health care decisions
• Deciding on where the person lives, whether it is at home, with relatives or in a care facility
• Overseeing daily well-being
• Filing annual reports with the court about your loved one’s personal status and condition

As a conservator, you will manage financial affairs, including:

• Developing a budget to manage the person’s income and expenses
• Managing assets and paying bills
• Filing taxes and handling government benefits, such as Social Security and Medicaid
• Filing a detailed annual accounting with the court

We understand that these tasks can feel overwhelming, but you do not have to face them alone. Ms. Newton is here to provide the clear guidance you need to handle these responsibilities with confidence and ensure you meet all legal requirements.

Schedule A Consultation With A Northern Virginia Guardianship Attorney

If you’re looking for an experienced, compassionate attorney who will work with you from start to finish to complete this process with efficiency and professionalism, then turn to the Law Office of Krista L. Newton PLLC in northern Virginia. We’re here to lead you through life’s challenges. To schedule an appointment with Ms. Newton, call 571-659-4186 or send an email.