Sometimes, you have to intervene when a loved one can no longer care for themselves or manage their finances due to incapacity, illness or old age. In many situations, your best option is to request the court to appoint a guardian, conservator or both to ensure your loved one’s protection.
Guardians make health care and personal decisions on behalf of an incapacitated person, while conservators handle financial affairs for them. The two roles clearly hold different duties, so courts often assign separate individuals for each to ease their responsibilities.
But is it possible for the court to assign the same person as both guardian and conservator of an incapacitated person?
The law does not disallow it
Virginia laws do not prevent courts from assigning one person as the guardian and conservator of an incapacitated individual. It sometimes is beneficial for courts to do so as long as the appointee is qualified. Ultimately, judges will decide whether to appoint the same person or two different ones as guardian and conservator based on the facts and circumstances surrounding the incapacitated person’s situation.
Making well-grounded decisions
Guardianship and conservatorship can be constrictive on the incapacitated individual’s basic rights. Hence, you have to ensure that you have explored all possible options, including less restrictive ones, before petitioning the court.
If after weighing the situation, you decide that it is best to put your loved one under guardianship and conservatorship, you must comply with the state requirements and legal process, which can be overwhelming. Nevertheless, there are available resources and experienced legal assistance to help you make appropriate decisions.
