A Conservator is an individual who has obtained legal authority to manage the estate and financial affairs of an Incapacitated Adult.

A Guardian is an individual who is appointed by the Court to be responsible for the personal affairs of an Incapacitated Adult, including responsibility for making decisions regarding the person’s support, care, health, safety, habilitation, education, therapeutic treatment, and if not inconsistent with an order of commitment, regarding the person’s residence.

There are several differences between a Guardian and a Conservator; however the primary difference is that a Conservator is responsible for the financial affairs of an Incapacitated Adult whereas the Guardian is only responsible for the personal affairs of an Incapacitated Adult. Additionally, both a Guardian and a Conservator is required to file certain annual reports, however to different entities.

Yes, oftentimes, a Judge will appoint one person as Conservator and another person as Guardian over the Incapacitated Adult. The Judge may also appoint an individual to act in both capacities.

• Your Conservator and/or Guardian appointment must be made by a Judge of the Circuit Court in the appropriate jurisdiction (The county in which the Incapacitated Adult currently resides).

• After the Order of Appointment is signed by the Judge, you must then formally qualify before the Clerk of the Circuit Court. (Probate Department)

• After your Court ordered appointment, AND after you formally qualify before the Clerk, you can then legally assume your duties and responsibilities as Conservator and/or Guardian.

• You must fully comply with all the requirements of the Code of Virginia.

• You must prepare and file a petition requesting appointment of a Conservator/Guardian at the Clerk of the Circuit Court Civil Intake Department with the appropriate filing fees.

• Only a Judge can appoint an individual to be a Conservator and/or Guardian of an Incapacitated Adult, therefore, by following the local rules of the Court, you must schedule a Court hearing on the docket.

• If, at the Court hearing, the Judge grants your Appointment as Conservator and/or Guardian, you must then prepare a Court Order of Appointment for the Judge to sign.

• After the Court Order of Appointment has been signed by the Judge, you must then schedule an appointment with the Clerk (Probate Department) to formally qualify as the Conservator and/or Guardian. You have no legal authority to act as Conservator/Guardian until you have formally qualified before the Clerk. Your qualification should take place no later than thirty (30) days from the Court Ordered Date of Appointment.

• It is strongly recommended that you consult with a Virginia Attorney for advice in all Conservatorship and Guardianship matters.

Clerk of the Loudoun Circuit Court
Probate Department
112 Edwards Ferry Road, N.E.
Leesburg, VA 20176

Qualifications are by appointment only. Regular office hours are 8:30 a.m. to 4:00 p.m., Monday through Friday.

You must qualify before the Clerk no later than thirty (30) days from the date of the entry of the Court Order of Appointment.

• The signed Order of Appointment.

• The dollar value of the personal assets in the estate of the Incapacitated Adult.

• The fair market value of any real estate for the Incapacitated Adult.

• If bond with surety* is required by the Court Order, the surety bond company must attend your scheduled appointment to sign the surety bond.

• You may also bring the completed Information form for Guardian and/or Conservator of an Incapacitated Adult.

• A check or cash to pay fees calculated during the qualification appointment. Fees are based upon the value of the estate.

A surety bond is a guarantee by a third party (usually an insurance or bonding company) that a Conservator will properly account for all money and property owned by the Incapacitated Adult and that the Conservator will discharge his/her Conservator duties as required by law.

The Probate Department cannot recommend any bonding company; however, a link to a list of local bond companies that write surety bonds can be found on our forms page.

A bond is a guarantee that you will perform your Conservator and/or Guardian duties as required by law. The Court Order of Appointment will set the amount of the bond and govern whether the bond is with or without surety.

At the end of the Guardian qualification process, you will receive the following:

• Certificates of Qualification
• Annual Report form for Social Services
• Instructions to Newly Appointed Guardians
• Guardian and Conservator Proceedings Regarding Incapacitated Adults
• Important Deadlines to Remember
• A letter from Social Services

After your qualification appointment, the Clerk will Record the following public documents:

• The Court Order of Appointment
• The Probate Clerk’s Order of Qualification
• The Bond

The Clerk will inform Social Services of your Guardianship. The Clerk will also inform the Commissioner of Accounts of your Conservatorship.

A Guardian's powers include only the powers enumerated in the Court Order. A Guardian must:

• Maintain sufficient contact with the Incapacitated Adult to know of his or her capabilities, limitations, needs, and opportunities.

• Visit the Incapacitated Adult as often as necessary.

• File an Annual Report with the local Department of Family Services for the jurisdiction in which he or she was appointed.

Loudoun County Department of Family Services
102 Heritage Way, Suite 103
Leesburg, Virginia 20176
Phone: 703-777-9=0353
e-mail: dfs@loudoun.gov