Guardianships and Conservatorships

When it comes to guardianships and conservatorships, no one knows the law better than we do — because we helped write it. Under the leadership of now retired Shawn Majette, ThompsonMcMullan was instrumental in the drafting of several current Virginia statutes relating to guardianship, conservatorship, and behavioral health, including revisions to the law of civil commitment, emergency medical consent, guardianship, and the prevention of financial abuse of incapacitated adults under durable powers of attorney.

We provide counsel and seasoned representation in guardianship and conservatorship proceedings, including judicial estate planning needed to establish trusts and complete transfers for tax and public benefits objectives. Our work includes representation in all aspects of guardianship and conservatorship proceedings (both as counsel and as guardian ad litem) in the Circuit Courts of Virginia, including acting as court-appointed guardian and conservator in appropriate cases. We have extensive experience in advising both institutional trust departments and individual clients regarding long-term care issues, with special emphasis on protecting public benefits rights for elderly, incapacitated and disabled persons.

In our work as court-appointed conservators and guardians, we strive to ensure that an incapacitated person who can no longer care for himself or herself receives the comprehensive support they need. This includes arranging for a residence and necessary medical care, protecting personal effects, and securing governmental benefits. In these instances, we frequently work with assisted-care facilities when a resident is no longer able to make decisions or payment and with hospitals when a patient is ready to be medically discharged but cannot take care of himself or herself or cannot make payment.

Our Guardianships and Conservatorships practice includes:

• Serving as court-appointed guardian or conservator for incapacitated individuals
• Serving as counsel in guardianship and conservatorship proceedings
• Serving as guardian ad litem for incapacitated adults and children in infant settlement/personal injury matters
• Contested guardianships, typically when neglect or abuse by a guardian is in effect