Guardians and/or conservators are qualified through the Probate Office. Contact the Probate Office by email to [email protected] to schedule an appointment for qualification.
A "conservator" (Va. Code § 64.2-2000) is a person appointed by the court to manage the estate (both real and personal property) and financial affairs of an incapacitated person. An “incapacitated person" (Va. Code § 64.2-2000) is an adult who has been found by a court to be incapable of receiving and evaluating information effectively or responding to people, events, or environments that the individual lacks the capacity to meet essential requirements for their personal needs and manage property or financial affairs.
A guardian for an incapacitated person (as opposed to a guardian for a minor) is a person appointed by the court who is responsible for the personal affairs of an incapacitated person, including responsibility for making decisions regarding the person’s support, care, health, safety, habilitation, education, therapeutic treatment, and if not inconsistent with an order of involuntary admission, residence.
Qualification for a guardian and conservator of an incapacitated person is before the Clerk of Circuit Court, by appointment, after the appropriate court order has been entered. The person appointed has to give bond as required by the court order and take the appropriate oath prescribed by law.
Qualification fees in accordance with Virginia Code § 17.1-275 (1) (2) (3)
|Estates of $5,000.00 or less||$0|
|Estates not exceeding $50,000.00||$20.00|
|Estates not exceeding $100,000.00||$25.00|
|Estates exceeding $100,000.00||$30.00|
* Only applies to Clerk's qualification of guardian of a minor's estate.
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