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Guardianships and Conservatorships

Home/Wills, Trusts & Estates/Guardianships and Conservatorships
Guardianships and Conservatorshipsbeharris2020-04-18T14:35:54-04:00

Frequently Asked Questions About Guardianships and Conservatorships

What is a Guardianship or Conservatorship?
This is an arrangement established by the court to protect the interest of an incapacitated person. Alzheimer’s, dementia and lost mental capacity oftentimes are the reasons for a guardianship or conservatorship.

Who is a Conservator?
A Conservator is a person appointed by the court who responsible for managing an Incapacitated person’s financial affairs.

Who is a Guardian?
A Guardian is a person appointed by the court regarding the person’s support, care, health, safety, rehabilitation, education, therapeutic treatment and residence.

How do I avoid having a Conservatorship or Guardianship proceeding?
A carefully crafted Durable Power of Attorney, and Advance Medical Directive can eliminate the appointing of a Guardian or Conservator by the court if the documents are done prior to the person being mentally incapacitated.

Who is a Guardian ad litem?
A Guardian ad item is an attorney who would be appointed to represent an incapacitated person if a Petition is filed for a Conservator and Guardian.

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    Ralph E. Nichols, Jr., Esquire
    Law Offices of Ralph E. Nichols, Jr., P.C.
    1403 Greenbrier Parkway, Suite 150
    Chesapeake, VA 23320
    Phone: (757) 548-0232
    E-mail: ralphnicholspc@cox.net

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    The Law Offices of Ralph Nichols, Jr. P.C. provides family law, divorce and separation services, child custody representation, business formation and operating agreements, Wills, Trusts, Estate Lawyer services and more to the Hampton Roads areas of Chesapeake, Suffolk, Norfolk, Isle of Wight, Portsmouth, Newport News, Hampton, Poquoson, Williamsburg and surrounding areas.

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    I cannot answer e-mail questions due to a possible conflict of interest. For example, e-mails can come from various sources and to give advice in a dispute is a conflict of interest if conflicting parties contact me.
    The answers to these questions do not constitute legal advice, nor do they constitute the formation of a client-lawyer relationship, but are provided for general information purposes only and should not be understood as a substitute for personal legal advice. Therefore, until an attorney-client relationship is formed through a Retainer Agreement, visitors’ information may not be kept confidential, or prevent representation of an adverse party.
    Ralph E. Nichols, Jr., Esquire, a professional corporation. All rights reserved.
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