What is the difference between guardianship and conservatorship in Virginia?
August 1, 2024 – Matthew S. Akers & Douglas McCarthy
In Virginia, guardianships and conservatorships are legal arrangements that involve decision-making authority for individuals who are unable to care for themselves or manage their affairs. While each serves a distinct purpose, in some cases, one person may serve as both guardian and conservator for an individual, overseeing personal and financial aspects of their well-being. Consulting legal professionals in elder law is essential to understanding the nuances and determining the most appropriate course of action based on individual circumstances.
Guardianship pertains to the legal authority granted by the court to make personal decisions on behalf of an individual deemed incapacitated or unable to make decisions regarding their own health, safety, and welfare. A guardian makes decisions related to the individual’s medical care, living arrangements, and overall well-being. Guardianship focuses on personal matters and decision-making for the individual.
Conservatorship involves the legal authority granted by the court to manage the financial affairs and assets of an individual who cannot handle their finances independently. A conservator manages the individual’s income, assets, and financial transactions in their best interest. Conservatorship specifically addresses financial matters for the individual.
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