Virginia Guardianship Fee Waiver: Form CC-1414 and What It Covers

What a Fee Waiver Covers

Virginia's Form CC-1414 allows individuals who cannot afford court filing fees to request that the circuit court waive or reduce those costs. For guardianship petitions, the waiver covers the $20 filing fee and may cover additional court costs. It does not — and this is where families get caught off guard — cover the GAL's fees, the medical evaluation cost, or the Commissioner of Accounts' auditing fees.

Understanding what's actually waivable and what isn't prevents families from assuming a fee waiver makes the entire guardianship process free.

Filing the CC-1414

Form CC-1414 is filed with the guardianship petition at the clerk's office. The form asks for:

• The petitioner's financial information (income, expenses, assets, debts)
• The reason for the fee waiver request
• Whether the petitioner receives any form of public assistance (SSI, SNAP, Medicaid, TANF)

A judge reviews the request and decides whether to grant a full waiver, a partial reduction, or a denial. Receipt of means-tested public benefits like SSI or Medicaid may support the request, though the court retains discretion.

What the Waiver Does Not Cover

Guardian ad Litem fees. Where state-funded rates apply, the court-appointed GAL's hourly compensation is $90/hour in court and $65/hour out of court, separate from court filing costs. The petitioner is initially responsible for GAL fees. Under Va. Code § 64.2-2008, the court can order GAL fees to be paid from the respondent's estate if the petition was brought in good faith — but for families of disabled adults with minimal assets, there may be no estate to draw from.

Medical evaluation. The professional evaluation required under Va. Code § 64.2-2005 is a private medical service, not a court fee. The evaluator charges their standard rate (ranging from $200 for a physician's functional assessment to $3,000 for a comprehensive neuropsychological evaluation). Some providers offer reduced rates for Medicaid-eligible patients, and university-affiliated clinics sometimes provide evaluations on a sliding scale.

Commissioner of Accounts auditing fees. If a conservatorship is established, the annual accounting audits (starting at $275/year for estates under $50,000) are separate from court costs. However, if the ward receives Medicaid, Va. Code § 64.2-1305 caps the Commissioner's fee at $25 per audit — a separate protection from the fee waiver but an important cost reduction for many families.

Sheriff service of process fees. The $12 per-person service fee is a separate cost. Check with the specific circuit court clerk whether a CC-1414 waiver covers it in your jurisdiction.

The Realistic Cost Floor

Even with a fee waiver, the minimum costs for a guardianship proceeding include:

• GAL fees at applicable state-funded rates: $400–$1,200 for an uncontested case
• Medical evaluation: $200–$3,000 depending on provider
• Sheriff service: approximately $12 per person served
• Post-appointment DSS filing fee: $5 per guardian report

For a family with a successful fee waiver filing an uncontested guardianship with a straightforward physician evaluation, the realistic minimum is still $600–$1,500 out of pocket. The fee waiver removes the $20 filing fee — meaningful in principle, but a small fraction of the total cost.

When to Request a Fee Waiver

File the CC-1414 at the same time as the guardianship petition. Submitting it later creates delays — the clerk may hold the petition until the fee or waiver is resolved.

If the waiver is denied, you'll need to pay the filing fee before the petition is processed. The denial doesn't prevent filing; it just means the fee applies.

Alternative Cost Reductions

Beyond the fee waiver, several other cost reduction strategies apply to Virginia guardianships:

Skip the conservatorship if possible. Under Va. Code § 64.2-2009(A), a conservator isn't needed if SSA benefits are the ward's sole major income and a Representative Payee is managing those funds. Eliminating the conservatorship eliminates the Commissioner of Accounts' auditing fees entirely.

File pro se. Families handling an uncontested guardianship without hiring an attorney avoid the $1,500–$4,000 in legal fees. The process is procedural, and the court doesn't expect polished legal briefs from pro se petitioners.

Use the ward's existing providers for the evaluation. If the ward's current psychiatrist, neuropsychologist, or primary care physician is qualified to write the evaluation report, using them avoids the cost of a new provider relationship and typically produces a more accurate assessment.

Evaluate alternatives to guardianship first. A supported decision-making agreement is free. An advance medical directive requires only two witnesses. An educational representative certification costs nothing at the court level. If alternatives cover the family's actual needs, the guardianship cost question becomes irrelevant.

The Virginia Adult Guardianship & Alternatives Guide maps each alternative against specific cost profiles and helps families determine whether the guardianship expense is necessary or whether lower-cost (or no-cost) alternatives cover their situation.

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