A guardian is a person/entity appointed by the court who is responsible for the personal affairs of an incapacitated person. A guardian is responsible for making decisions regarding the incapacitated person’s support, care, finances, health, safety, therapeutic treatment, education, and the place where they live. A guardian may be full, limited, or for a short period of time depending upon the need and order of the court.

What’s the difference between private and public guardians?

There are several different types of guardians, however, the most common are private guardians and public guardians.

Private guardianship refers to a legal arrangement where an individual or organization is appointed by the court to care for someone who is unable to make decisions for themselves, often due to age, illness, or disability. The guardian is usually a family member or a trusted individual. (Resources can be found below for assistance with obtaining private guardianship)

Public guardianship, on the other hand, involves the government appointing a guardian for an individual when no suitable private guardian is available. This is often managed by a public agency or a professional guardian service. Public guardianship applies in situations where there are no family members or friends willing or able to take on the role.

Public Guardianship Information

The Span Center’s Public Guardian Program serves vulnerable individuals (18+) by providing legal decision-making, including

healthcare, finances and daily living needs. Public Guardians are contracted by the Department of Aging and Rehabilitative Services (DARS) to assist individuals who have no one to help them make important decisions. This can include those with intellectual disabilities, mental illness, dementia, brain injury, and other cognitive impairments.

Public guardians ensure incapacitated individuals in need live with dignity, respect and the highest quality of life possible. Guardians provide ongoing advocacy and assist each individual with making critical decisions regarding healthcare, finances and daily living. In addition to serving as legal decision-makers, they advocate for the individual’s wishes and quality of life, coordinate and monitor medical and personal care and ensure the individual is living in a safe environment.

Eligibility is open to individuals 18+ years old who are incapacitated and indigent with no suitable person to serve as guardian. They must also reside in one of the following counties: Ashland, Hanover, Goochland, Powhatan, Henrico, Richmond, Chesterfield, New Kent, or Charles City. This service is provided at no charge – however, there may be costs associated with the petition for a Public Guardian.

The Process to Obtain Public Guardianship:

Referral- Complete the Public Guardian Referral Form below, and email it to the local Public Guardian Service Provider in the geographic area where the person resides.
We also have a list of the local public guardian service providers.

Initial Evaluation and MDP Review- After receiving a completed referral form, the local public guardian service provider will evaluate the referral and present it to their multi-disciplinary panel to determine if the referred person appears to meet the criteria for public guardianship through the service provider.

Petition- If the referred person is accepted by the local public guardian service provider, the referral source must engage an attorney to initiate a legal proceeding before a Virginia circuit court under Virginia Code Section 64.2-2000. The petition must be filed in the Circuit court for the city or county in which the respondent lives or where he/she lived immediately before moving to a nursing home, assisted living facility, or other institution.

Guardian Ad Litem- The Judge must appoint a Guardian Ad Litem to investigate the statements in the petition and file a report with the Court.

Evidence- The attorney petitioning the court must provide evidence that the referred person is incapacitated and needs the assistance of a guardian. This could be doctor’s recommendations, psychiatric evaluations, etc.

Hearing- The attorney petitioning the court must schedule a court hearing with the Judge by following local court rules. No one can receive public guardianship services until a Virginia circuit court finds that the individual is incapacitated, meets the criteria for public guardianship, and appoints a local public guardian service provider to serve as the public guardian.

Court Order and Qualification- The attorney petitioning the court must prepare an order of appointment for the Judge to sign at the hearing. After the Judge signs the order, the local public guardian service provider must formally qualify before the Clerk of the Circuit Court where the order of appointment was entered. The public guardian service provider has no legal authority to act as guardian until they have formally qualified before the Clerk.

You can find additional information about the appointment of a guardian for an incapacitated adult below.

To get information on options available in Virginia that are less restrictive than guardianship, see below.

For frequently asked questions go to: Appointment of Guardians for Incapacitated Adults FAQ.

For frequently asked questions go to: Appointment of Guardians for Incapacitated Adults FAQ.

To find contact information for VA Legal Aid offices who can assist with private guardianship in your area, see below.

You can also call the VA Statewide Senior Legal Helpline at 844-802-5910, for assistance with obtaining private guardianship.