Guardianship Resources

Home Up Utilities Personal Photo Album Disclaimer

Guardianship Generally

bulletOverview of Guardianship/Conservatorship Court Proceedings
bulletVirginia State Bar's Summary of Rights, Duties and Liabilities of Guardians and Conservators
bulletMemTrax Memory Test
bulletReport of Incapacity (Guardianship)
bulletShawn's Outline Guardianship & Conservatorship in Virginia 2009
bulletThompsonMcMullan's Guardian and Conservator Data Intake Form
bulletIn Virginia, May A Guardian Commit His Incapacitated Adult Ward?
bulletTrial memorandum in favor
bulletTrial memorandum in opposition 
The circuit court held that the guardian could not commit the ward involuntarily.  Involuntary commitment of an adjudicated incapacitated ward requires process pursuant to established civil commitment statutes (see Primer).

Guardians ad Litem

bullet Virginia Judicial System Guardian ad Litem site
bullet Qualified Guardians Ad Litem for Adult Incapacity Hearings
bulletVirginia Guardianship Association 2001 GAL Order

Guardian/Conservator Forms

bulletOfficial Virginia Conservatorship Inventory Form
bulletOfficial Virginia Conservatorship Accounting  Form
bulletOfficial Virginia Annual Guardian Report Form
bulletAll Fiduciary Forms
bulletVirginia Circuit Court Forms List

Guardianship Is A Responsibility

bulletVa. Code § 18.2-369, Abuse and neglect of incapacitated adults

     In the 2004 opinion of the Va. Court of Appeals, Com. v. Correll, Record No. 3387-02-3, the Court held that the relationship of guardian, and the undertaking of care as primary custodian, was sufficient to trigger criminal liability for the death of the guardian's severely malnourished ward (Ms. Paxton, the guardian's mother) under Sec. 18.2-369.

     The Court found that "[t]he evidence in this record, when considered in its totality, demonstrates that Correll was clearly capable of comprehending the seriousness of Paxton’s condition, as well as her need for constant and immediate care. In fact, Correll had cared for Paxton for years prior to her death, and had specifically cared for Paxton in relation to her weight problem and the various bedsores that she had developed over the years. Thus, we simply cannot hold that the trial court’s finding of willful and knowing neglect was plainly wrong. Indeed, testimony given during the trial established that Correll acknowledged Paxton was not being properly cared for prior to her admission to the hospital and that those ' problems' were what prompted the investigation by Bedford County Social Services."

     Va. Code § 37.2-1020, Duties and powers of guardian, provides in pertinent part that a "guardian stands in a fiduciary relationship to the incapacitated person for whom he was appointed guardian and may be held personally liable for a breach of any fiduciary duty to the incapacitated person. A guardian shall not be liable for the acts of the incapacitated person, unless the guardian is personally negligent."

    The Court's order establishes the fiduciary relationship, and defines its limits.  The Correll case emphatically underscores the importance of counsel for the guardian (as opposed to counsel for the petitioner or the incapacitated person), and that counsel representing the proposed guardian should insist that the order specifically detail the duties and liabilities of the guardian, especially when the guardian contracts with third parties (such as congregate facilities licensed by the Commonwealth) for care of the ward.

Protocol for Disposition of Unclaimed Bodies/Indigent Burial