The Law Office of Alfredo Vasquez' guardianship and conservatorship attorney in Northern Virginia works to assist family members of incapacitated adults obtain a guardianship and/or conservatorship, as well as meet any other estate planning needs. We will carefully walk you through important legal implications so that you can properly protect your loved ones.

Contact us today or call us at 202-525-7710 to learn more about estate planning, guardianships and conservatorships.

At the Law Office of Alfredo Vasquez, we believe estate planning in Northern Virginia is not about assets - it's about people. Our clients want to protect themselves and their families when they can no longer do so, and that requires a comprehensive estate plan, including clear plans for guardianships and conservatorships. 

What Constitutes a Guardianship or Conservatorship in Northern Virginia?

Conservatorship is a process a court uses to grant someone (the conservator) legal authority to make decisions on behalf of another person (the conservatee) regarding finances and financial matters. A guardianship is a similar court determination regarding personal decisions, such as health care. 

When Do I Need a Guardianship or Conservatorship?

Both guardianships and conservatorships may be needed when an adult, typically an elderly person, has been deemed to be incompetent to manage their finances or health due to deteriorated mental capacity or impairment caused by an illness or injury. 

Examples include:

• falls into a coma due to an injury or illness 

• develops a neurological disease, like Alzheimer's, Parkinson's, or dementia

• suffers from a physical trauma––like a head injury, a fall, or a stroke––that impairs their ability to think or express their wishes

• suffers from any other type of mental or physical incapacitation, even if for a short period

Children with mental disabilities will also require the appointment of a guardian and conservator upon turning eighteen. Our Northern Virginia attorney will advise parents of disabled children on how to obtain guardianship of their disabled children. 

If your loved one has not executed a power of attorney, you will need a guardianship and conservatorship order from a Virginia court in order to access your loved one's medical records, apply for public benefits, access bank accounts, or handle legal matters. 

Serving as legal guardian or conservator of an elderly adult requires a great deal of work. Courts will require the guardian and conservators to file periodic reports and accountings. At the Law Office of Alfredo Vasquez, our Northern Virginia lawyer will help you navigate through the process before, during, and after you file a petition to be appointed guardian or conservator of you elderly family member. 

What Are the Benefits of Guardianships and Conservatorships?

• Protection for vulnerable individuals: Conservatorships can provide protection for individuals who are unable to manage their own affairs due to physical or mental incapacity, such as the elderly, disabled, or those with serious mental illnesses.

• Access to medical care: A guardian can make medical decisions on behalf of the individual, ensuring that they receive proper medical care and treatment, including applying for long-term care and public benefits.

• Financial management: A conservator can manage the individual's financial affairs, pay bills, and protect their assets from financial exploitation or mismanagement.

• Legal authority: A guardian or conservator has legal authority to make decisions on behalf of the individual, which can provide clarity and consistency in decision-making.

What are the Alternatives to Guardianship or Conservatorship?

While guardianships and conservatorships meet important needs for many families, they are not always the answer. If you want to avoid a conservatorship situation, there are alternatives. 

Having a Northern Virginia lawyer draft a durable power of attorney (POA) is a critical way to protect yourself and your family when you are not deemed competent to make your own decisions. If steps have not been taken to appoint an agent, a guardianship and conservatorship may become necessary for your family to make decisions on your behalf, and to manage your finances.

A living will, also referred to as an advance directive, is a legal document that outlines what is to be done if you are incapacitated due to a disease, injury, or old age and can no longer communicate your wishes or manage your affairs.

Trusts are another option, especially revocable trusts or special needs trusts.

The best alternative to a conservatorship will depend on the person and the circumstances. Speaking to an attorney to discuss these things is an important way to identify and create a comprehensive estate plan.

Can a Conservatorship be Contested or Terminated in Northern Virginia?

A petition requesting the court to award a conservatorship over you or someone you love can be contested. When the petition is filed and served, you can respond, contesting it. Also, to prevent a specific person from being appointed as a conservator, you can file competing petitions. The rules vary according to jurisdictions, so speaking with an attorney is your best way to avoid delays and errors in the process. 

As for termination, conservatorships are typically made as a permanent arrangement. They are terminated upon the conservatee's death or recovery from the illness or injury that had incapacitated them. 

There are times, too, when a court will remove a conservator when cause is found (like abuse). That said, simply because the conservator is removed does not remove the conservatorship. Another conservator will be appointed unless the reason for the conservatorship no longer exists.  

Contact an Estate Planning Attorney to Understand Guardianships and Conservatorships in Northern Virginia

Guardianships and conservatorships are essential tools to manage the last years of life of loved family members, with significant implications for the incapacitated adult's rights and autonomy. Speaking to an attorney to determine what makes sense in your unique situation is critical. At the Law Office of Alfredo Vasquez, our estate planning attorney will address your concerns and guide you through the process. Contact us today or call us at 202-525-7710 to schedule a consultation.