Guardianship in Virginia
State-specific overview · Estate & Probate
Virginia requires clear and convincing evidence that the person cannot manage affairs before appointing a guardian.
How Virginia treats Guardianship
Virginia courts appoint guardians under Chapter 20 of the Virginia Code when a person lacks capacity to manage personal or financial matters. The petitioner must prove incapacity through clear and convincing evidence, a higher standard than typical civil cases. Virginia allows limited guardianships, where the court can restrict the guardian's powers to specific areas rather than granting full authority. The court must also consider whether less restrictive alternatives, like powers of attorney, would better serve the person's interests.
The general definition of Guardianship
A court-ordered arrangement where one person has legal authority to care for another who cannot care for themselves.
Guardianship is a legal relationship created by a court when someone (the ward) cannot make decisions for themselves due to age, disability, or incapacity. The guardian has the power to make medical, educational, and financial decisions for the ward. It's often used for minor children whose parents have died or are unfit, or for adults with severe mental or physical disabilities.
Read the full Guardianship entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Virginia.