Conservatorship Virginia: How It Works for Disabled Adults and When You Need One

Guardianship vs. Conservatorship: Virginia Separates the Roles

Virginia draws a hard legal line between guardianship and conservatorship. A guardian manages the person — healthcare, housing, daily living, and personal affairs. A conservator manages the money — bank accounts, investments, bills, taxes, and property. These are two distinct court appointments under Title 64.2, and the court can appoint different people to each role.

This separation matters for families of disabled adults because many young adults need financial oversight but can manage their personal lives with support. A conservatorship alone — without guardianship — preserves your child's right to make their own healthcare decisions, choose where to live, and control their personal relationships while ensuring their finances are properly managed.

When Conservatorship Is Necessary

A conservatorship becomes necessary when two conditions are both true:

1. Your adult child cannot manage their financial affairs due to an intellectual, developmental, or psychiatric disability
2. Less restrictive financial tools are not available or sufficient

Virginia law under Va. Code § 64.2-2009 requires the circuit court to consider whether alternatives — like a Durable Power of Attorney or SSA Representative Payee — would adequately protect the individual before granting a conservatorship.

The government benefit exemption is critical for many families: under § 64.2-2009(A), a conservator does not need to be appointed if the young adult's sole or major source of income comes from SSI, SSDI, or another government program and they already have a Representative Payee managing those funds. If your child's only income is their SSI check, and you are already their Rep Payee, a conservatorship may be unnecessary.

The Court Process

The conservatorship petition follows the same circuit court process as guardianship:

1. File a petition in the circuit court where the respondent resides or is physically located (the $20 base filing fee applies)
2. The court appoints a Guardian ad Litem (GAL) to investigate and represent the respondent's interests
3. A medical evaluation report is filed under seal
4. A hearing occurs within 120 days of filing, unless postponed for cause
5. The court must find incapacity by clear and convincing evidence

You can petition for guardianship and conservatorship simultaneously in the same proceeding. Most families do, since the filing fee and GAL costs are already incurred.

Conservator Qualification and Bonding

After the court enters its order, the appointed conservator must:

• Appear before the Circuit Court Clerk to formally qualify
• Take an oath promising faithful performance of duties
• Post a surety bond — a financial guarantee from a licensed bonding company. The court may waive the surety requirement for estates valued under $25,000.
• Accept educational materials provided by the court about fiduciary duties

Ongoing Conservator Duties

Conservators in Virginia face rigorous financial accountability:

The Four-Month Inventory. Within four months of qualification, file Form CC-1671 (Inventory for Incapacitated Adult) with the local Commissioner of Accounts. This lists every asset — bank accounts, investments, real property, vehicles, personal property — and projected income.

Annual Accounting. File Form CC-1682 (Account for Incapacitated Adult) annually with the Commissioner of Accounts, within six months of the end of each accounting period. Every dollar of income and every expenditure must be documented with supporting bank statements and receipts.

Commissioner of Accounts Audit Fees. The Commissioner of Accounts is a privately maintained law office, not a government agency. They charge auditing fees from the ward's estate:

The Medicaid fee cap. If the ward receives Medicaid, Va. Code § 64.2-1305 caps the Commissioner's maximum fee at $25.00 per accounting — a critical protection that prevents estate depletion for low-asset individuals.

Conservator Compensation

Under Va. Code § 64.2-1208, conservators are entitled to reasonable compensation from the ward's estate. The standard guideline: 1% of the first $500,000 in assets, 0.75% of the next $500,000, and 0.5% above $1 million, plus 5% of non-investment income (SSI payments, pensions). Family conservators often waive compensation entirely.

If you hire an attorney or CPA to prepare the required inventories and accountings, those professional fees come out of your commission — not as an additional charge to the estate — unless the Commissioner of Accounts grants a prior written exception.

When You Can Skip Conservatorship Entirely

For many families of disabled adults, the conservatorship route is avoidable:

• SSI/SSDI only income + Representative Payee = no conservatorship needed (the statutory exemption)
• Child has capacity to sign a Durable Power of Attorney = no court needed
• Only educational decisions needed = Educational Representative certification handles it without court
• Only healthcare decisions needed, and your child can execute an AMD = Advance Medical Directive handles it without court

The Virginia Adult Guardianship & Alternatives Guide includes a decision framework to determine whether your family actually needs court involvement, and if so, whether limited conservatorship (financial only) or combined guardianship/conservatorship is the right petition to file.

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