Virginia Guardian Training Requirements: What DARS Requires and When

Training Isn't Optional

When a Virginia circuit court appoints a guardian, the order comes with compliance obligations that start immediately and continue annually for as long as the guardianship lasts. Missing deadlines or skipping requirements can result in removal, personal liability, and court sanctions. Most private guardians — typically parents of disabled adults — don't fully understand what they've committed to until the first filing cycle catches them off guard.

The DARS Guardian Training

The Department for Aging and Rehabilitative Services (DARS) develops mandatory educational materials that newly appointed private guardians must complete within four months of appointment. Upon qualifying before the Clerk of the Circuit Court, the guardian signs a written acceptance acknowledging receipt of these materials.

The training covers the guardian's fiduciary duties, the ward's retained rights, annual reporting requirements, and the legal standards for making decisions on the ward's behalf. It is not a test — there's no pass/fail — but signing the acceptance is a formal acknowledgment that you understand your obligations.

The form CC-1644 (Report of Guardian for an Incapacitated Person) includes a section confirming that the guardian has reviewed the training materials. Beginning with the July 1, 2025 update to CC-1644, the form includes a mandatory training notice acknowledgment field.

The Reporting Calendar

Virginia guardians and conservators file on separate tracks with different agencies:

Guardian Reports (Personal Decisions)

Filed with: The local Department of Social Services (DSS) in the county or city where the ward resides.

Initial report: Due within six months of qualification. This report covers the first four months of the guardianship.

Annual reports: Due within four months after the anniversary of the ending date of the prior report. Each report uses Form CC-1644.

Filing fee: $5.00, enclosed with every report.

What it must cover:

• The ward's current mental and physical health status
• Changes in medical diagnoses or medications since the last report
• Social activities, educational participation, and community involvement
• Current residential placement and any changes
• Confirmation of the mandatory visitation requirement (minimum three contacts per year: at least one in-person visit, at least one virtual video contact, and one that may be conducted by a monitored agent)

Conservator Accountings (Financial Decisions)

Filed with: The local Commissioner of Accounts (COA) — a privately maintained law office appointed by circuit court judges.

Initial inventory (Form CC-1671): Due within four months of qualification. Must detail all personal assets, real estate over which the conservator holds power of sale, and projected income.

Annual accounting (Form CC-1682): Due within six months of the end of the designated accounting period. Must document every penny of income and expenditure, supported by bank statements and receipts.

Auditing fees are based on estate value and paid from the ward's estate:

Plus recordation fees from the Clerk of Court: $18 (under 10 pages), $32 (11–30 pages), or $52 (31+ pages).

Medicaid fee cap: Under Va. Code § 64.2-1305, if the ward receives Medicaid, the Commissioner's maximum auditing fee is capped at $25 — a critical protection that prevents accounting fees from depleting essential support funds.

The Visitation Mandate

The three-contact minimum isn't a suggestion. Form CC-1644 requires the guardian to certify compliance. The contacts must include:

1. At least one in-person visit — the guardian physically sees the ward at their residence or in the community
2. At least one virtual video contact — FaceTime, Zoom, or similar (phone-only calls don't count for this category)
3. A third contact that may be conducted by a monitored agent — someone the guardian designates and supervises, such as a family member or professional care coordinator

For parents who serve as guardians of adult children living at home, this requirement is easily met. For guardians of adults in group homes or supported living arrangements, it requires deliberate scheduling and documentation.

What Happens If You Miss a Deadline

Virginia courts take fiduciary compliance seriously:

• Late guardian reports trigger DSS follow-up. The local DSS office will contact you, and if reports remain unfiled, the matter is referred to the circuit court.
• Late conservator accountings result in delinquency notices from the Commissioner of Accounts. Under Va. Code § 64.2-1214, the COA can petition the court to compel compliance, and the court can impose penalties including surcharging the conservator personally for losses to the estate during the gap.
• Persistent non-compliance can result in the court removing the guardian/conservator and appointing a successor — which means loss of authority over the ward's care plus potential personal liability for any period where the ward's interests were unprotected.

The simplest prevention: set calendar reminders for every filing deadline at appointment. The initial report deadline (six months from qualification) and the first annual cycle are where most private guardians stumble.

The Government Benefit Exemption for Conservators

Under Va. Code § 64.2-2009(A), a conservator does not need to be appointed if the adult's sole or major income source is from SSA or another government program and they already have a Representative Payee managing those funds. This exemption matters because it eliminates the conservator accounting cycle — and its fees — for wards whose only income is SSI or SSDI.

If the ward receives SSI and has no significant other assets, families should seriously consider whether the Representative Payee designation alone covers the financial management need, without adding a conservatorship layer that creates annual accounting obligations and fees.

The Virginia Adult Guardianship & Alternatives Guide includes a complete compliance calendar with all filing deadlines mapped from the qualification date, plus templates for tracking the required three annual contacts and preparing the CC-1644 report.

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