Virginia: Adult Guardianship and Conservatorship Petition Requirements

Requirements one by one

Proceeding and state terminology

Virginia separates the roles by function: a guardian handles personal affairs, while a conservator manages the estate and financial affairs. Va. Code § 64.2-2002 allows one petition to request either role or both, and the same Chapter 20 process supports full, limited, or time-limited appointments.

Who may file and where

Any person may file, including a community services board or another state or local agency. Venue under Va. Code § 64.2-2001 is flexible but statutory: the adult's residence or location, the place the adult lived immediately before institutional placement, or—for a nonresident conservatorship—the Virginia county or city where property is located. The first circuit court may transfer venue when that serves the adult's best interest.

What the petition must contain

The petition's checklist is functional, not merely biographical. In addition to relatives, caregivers, agents, current fiduciaries and the proposed appointee, it must identify the requested personal or financial authority, describe the alleged incapacity and current services, state any limited powers sought, name communication needs, address whether attendance may be harmful, request a GAL, and include the court-system cover sheet. Va. Code § 64.2-2000.1 keeps financial resources and account-identifying details out of the public pleading and in a separate confidential addendum.

Proof required for appointment

The court or jury must find by clear and convincing evidence both incapacity and need for a guardian or conservator. The definition is tied to the ability to receive and evaluate information or respond to people, events, or environments and then to the specific personal or financial functions for which help is sought. Poor judgment by itself is expressly insufficient.

Alternatives the court must address

The automatic GAL must investigate less restrictive alternatives and explain any conclusion that an alternative is inadvisable under Va. Code § 64.2-2003. The factfinder must consider maximum self-reliance and the availability of advance directives, supported decision-making agreements, and durable powers of attorney. Va. Code § 64.2-2009 goes further for existing arrangements: a guardian or conservator "need not be appointed" when a functioning health-care agent, financial agent, or representative payee already covers the relevant need.

Notice, service, and hearing timing

Under Va. Code § 64.2-2004, the adult's notice is nonwaivable and jurisdictional. The adult must be personally served with the hearing notice, petition, and GAL appointment order; the petitioner separately mails notice and petition at least 10 days before the hearing to every adult and entity listed in the petition. The court should hold the hearing within 120 days after filing unless cause supports postponement.

Counsel and hearing rights

The attorney GAL is automatic, but separate advocacy counsel is not. Va. Code § 64.2-2006 gives the adult chosen-counsel rights and permits appointment when the adult or GAL requests it and the court finds counsel necessary to protect the adult's interest. The adult may request a jury, compel witnesses, present evidence, and confront and cross-examine witnesses. The adult is entitled to attend every stage, must attend on personal or GAL request, and may have the hearing held where the adult is located.

Medical evidence or court evaluator

The confidential evaluation under Va. Code § 64.2-2005 may be prepared by one or more physicians, psychologists, or other licensed professionals skilled in assessing and treating the alleged condition. It must identify functional impairments—not just a label—along with condition, medications, relevant learning or adaptive abilities, prognosis, evaluation dates, signature and license. The court may proceed without a report only for good cause and only if the GAL does not object; counsel or the GAL may also object to admitting the report's facts and results without live proof.

Limits on the order

Every provision requires supporting findings of fact and conclusions of law. The order must describe the incapacity, define powers so the adult can still care for self and manage property to the extent capable, specify duration and legal disabilities, and include appropriate limits after considering the statutory factors. A limited guardian or conservator receives only the identified decision areas. Chapter 20 defines a temporary guardian or conservator by the limited duration stated in the order; it does not supply a different, lower emergency burden for this ordinary proceeding.

As of July 18, 2026, the current § 64.2-2009 order language cross-references the new voting-capacity procedure in § 64.2-2009.2. A contingent version is scheduled for January 1, 2027 only if voters approve the related constitutional amendments on November 3, 2026; it changes that voting cross-reference, not the core appointment test.

What trips people up

The automatic lawyer is the guardian ad litem, whose statutory role is to investigate and represent the adult's interests. That is different from separate counsel advocating the adult's position: separate counsel is chosen by the adult or appointed after an adult/GAL request and a court finding of need. Pending SB 345 would broaden who can make that request when the adult cannot communicate it.

The evaluation report is ordinarily required, but Virginia does not require two physicians or impose a fixed prefiling examination window. The statute permits a broader group of licensed professionals and asks the report to identify its examination dates; it also creates a narrow good-cause route to proceed without the report if the GAL does not object.

Common questions

Does a diagnosis establish incapacity?

No. The evaluation must describe specific functional impairments, and the clear-and-convincing appointment standard asks whether the adult can meet the defined personal or financial functions with or without the requested protection. Poor judgment alone is not enough.

Is appointed counsel automatic?

The attorney GAL is automatic. Separate counsel is appointed only after a request by the adult or GAL and a finding that counsel is needed, unless the adult retains chosen counsel.

Can the adult demand a jury?

Yes. Va. Code § 64.2-2007 expressly gives the adult a jury trial on request, along with the rights to compel witnesses, present evidence, and confront and cross-examine witnesses.

Must the hearing be held at the courthouse?

No. The court may choose a convenient location, including the place where the adult is located.

Statutes and sources

• Va. Code §§ 64.2-2000 to -2002 — terminology, confidential financial addendum, venue, standing, and petition contents (accessed July 18, 2026).
• Va. Code § 64.2-2003 — automatic GAL, investigation, alternatives, counsel recommendation, and report (accessed July 18, 2026).
• Va. Code §§ 64.2-2004 to -2006 — service and notice, professional evaluation, and separate counsel (accessed July 18, 2026).
• Va. Code § 64.2-2007 — hearing timing and rights, alternatives, clear-and-convincing proof, and findings (accessed July 18, 2026).
• Va. Code § 64.2-2009 — tailored order, limited appointments, existing-agent alternatives, and contingent voting-text version (accessed July 18, 2026).