Guardianship

Guardianship is the legal power to care for another person and manage his or her affairs. A guardian has permission from a court to make decisions about various aspects of a person’s life (e.g., medical care, housing, education, money, etc.) Individuals who have guardians cannot make decisions in these areas on their own. In Virginia, there are two kinds of guardians: a guardian of the person and a conservator. The guardian of the person makes decisions about the person’s daily life while the conservator makes decisions about the person’s estate or assets. Parents who want to become guardian for their disabled child must go through a court process that determines whether the child really needs a guardian. See the section on ADVOCACY for referrals to attorneys who will represent parents in guardianship cases.

It is important to explore other types of decision-making relationships before considering guardianship, such as being a representative payee, creating a trust, or getting power of attorney. A representative payee is responsible for managing a person’s Social Security cash benefits. A trust is an arrangement under which one person or agency, called the Trustee, holds the title to property for the benefit of the disabled person, called the Beneficiary. A power of attorney is a document that indicates the disabled person gives legal authority to another person to act on his or her behalf in financial or personal affairs. However, the disabled person can change or end a power of attorney at any time. There is no court involvement in a power of attorney.

The Arc of Northern Virginia has a public guardianship program for people with severe disabilities who have no other individuals in their lives willing to serve as guardian, and who have no income to pay for a guardian.

(703) 532-3214

Virginia Guardianship Association can provide information about the benefits and limitations of guardianship, and the process of obtaining guardianship for a person with a severe disability.

(804) 828-9622