Detailed Answer — How Virginia handles guardian of the person vs. guardian of the estate
Short answer: No. Under Virginia law, a court appoints guardians for an adult’s person and for an adult’s estate (property/finances) as separate roles. One appointment does not automatically create the other, although the court may appoint the same person to both roles if it finds that appropriate.
What this means in practice:
- Guardian of the person: Responsible for personal decisions the court authorizes, such as where the ward lives, what medical care the ward receives (subject to health-care decision rules), and other non-financial personal needs.
- Guardian of the estate (property): Responsible for managing the ward’s money and property — paying bills, collecting income, managing bank accounts and investments, selling or leasing property if authorized, and filing required inventories and accountings with the court.
The governing provisions for protective proceedings and guardianships are found in the Code of Virginia (Title 64.2). For the statute text and full procedural rules, see the Code of Virginia, Title 64.2 (Protective Proceedings): https://law.lis.virginia.gov/vacode/title64.2/.
How appointments are made
A person (often a family member, close friend, or an agency) files a petition in the circuit court in the locality where the proposed ward lives. The court will provide notice, may appoint a guardian ad litem or an evaluator, and will hold a hearing. The court determines whether the person lacks the capacity to manage personal care and/or property and whether a guardian is needed. The court can:
- appoint only a guardian of the person;
- appoint only a guardian of the estate (sometimes called guardian of the property); or
- appoint the same person to both roles, if the court concludes that is in the ward’s best interest and appropriate under the law.
Typical duties and court oversight
The duties and restrictions differ by role. Examples of common duties and requirements include:
- Fiduciary duty: Guardians of the estate must act in the ward’s best financial interest and keep accurate records.
- Inventories and accountings: Courts usually require an inventory of assets and periodic accountings for the estate. The court may set schedules and require approval of significant transactions.
- Bonds and court approval: The court may require a bond, limit powers without court permission, or require prior approval for major transactions (selling real estate, making gifts, etc.).
- Health and living decisions: Guardians of the person make day-to-day and long-term living and health decisions within the scope the court grants.
If you are appointed guardian of the person
Being appointed guardian of the person does not give you authority over the ward’s money unless the court separately appoints you guardian of the estate or explicitly grants financial powers to you in the guardianship order. If the ward needs someone to manage funds, the petitioner should request a separate appointment for guardian of the estate or seek limited financial powers in the petition.
What to do next — practical steps
- Carefully read the court’s letters/orders. The written appointment (letters of guardianship) defines exactly what powers you have.
- If you need authority over assets, file or ask for a petition for guardianship of the estate. The court must consider that separately.
- Keep detailed records of decisions, expenditures, and communications. Courts expect accounting and may audit actions.
- Contact the circuit court clerk where the guardianship was opened to request forms, a copy of the order, and instructions about inventories, bond, and accountings.
Example (hypothetical)
Maria is appointed guardian of her elderly father’s person in Richmond Circuit Court. The order authorizes her to decide his living arrangements and medical care. Maria does not automatically have the power to pay his bills from his bank account. If she needs to manage his finances, she or another petitioner must ask the court to appoint a guardian of the estate or expand the authority in the guardianship order. The court will evaluate the request and may require an inventory, bond, or court-supervised accounting.
For specific statutory language and procedural provisions see the Code of Virginia, Title 64.2 (Protective Proceedings): https://law.lis.virginia.gov/vacode/title64.2/.
Helpful Hints
- Do not assume you have financial authority just because you are the guardian of the person. Always check the court order.
- Ask the court for clear, written instructions about required filings, deadlines, and bond requirements.
- Keep originals of all financial records and copies of medical decisions and communications in a secure folder.
- Request limited powers if a full guardianship of the estate is not necessary — courts can grant narrow authority (for example, to pay bills) instead of full control of finances.
- Talk to the clerk of the circuit court where the guardianship would be filed — they can tell you about local forms and procedural steps.
- Consider consulting an attorney experienced in Virginia guardianship law to help with petitions, inventories, and required accountings.
Disclaimer: I am not a lawyer. This information is for general educational purposes only and does not constitute legal advice. For advice about a particular situation, contact a licensed Virginia attorney or the local circuit court.