GUARDIANSHIP AND CONSERVATORSHIP
Guardianship and Conservatorship
Guardianships and conservatorships provide a legal means for family members to take care of an incapacitated person by making medical and financial decisions on their behalf. Although the terms are generally used interchangeably and the processes are similar, a conservator is responsible for financial affairs while a guardian is responsible for general affairs including medical decisions. Actions taken by the guardian and conservator have the same legal effect as if they were taken by the incapacitated person as long as the action was within the scope of their authority.
Guardianships and conservatorships must be granted by the courts. The person who is alleged to be incapacitated has a right to contest the proceedings as to both their competency and to who should serve as the guardian or conservator. If a guardianship or conservatorship is contested, evidence regarding competency must be presented in court and this can include testimony from the family, the person to be declared incompetent, and medical experts. This process can be avoided by having each family member designate a power of attorney and healthcare proxy in advance.
For assistance with the guardianship and conservatorship process in Northern Virginia, Alexandria, Arlington, and Fairfax, contact Legacy & Trust Legal Counsel PLLC today.
Legacy & Trust Legal Counsel, PLLC assists clients throughout Northern Virginia including Kingstowne, Falls Church, Vienna, Roslyn, Springfield, Mount Vernon, Annandale, Fort Belvoir, Fairfax, Dunn Loring, Merrifield, McLean, Oakton, Reston, Burke, Great Falls, Fredericksburg, Stafford and Herndon in Arlington County, Alexandria County, & Fairfax County.
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McLean, VA 22102
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