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In the case of a petition for modification of a guardianship or conservatorship, the court shall order (a) limiting or reducing the powers of the guardian or conservator if the court finds by a preponderance of the evidence that it is in the best interests of the incapacitated person to do so, or (b) increasing or ...
A conservator is a person appointed by the court who is responsible for managing the estate and financial affairs of an incapacitated person. Either a conservator or guardian may be full, limited, or for a short-term period of time, depending upon the court's order.
MODIFICATION/TERMINATION OF GUARDIANSHIP/CONSERVATORSHIP 1. Your appointment ends the day the person is deceased. 2. The court may remove you as Guardian or Conservator if it finds you are not acting in the best interests of the person or the person's estate.
The primary difference is that a Conservator is responsible for the financial affairs of an adult, and a Guardian is responsible for the personal affairs of an adult.
Pursuant to § 64.2-2012 of the Code of Virginia, all guardianship orders are subject to petition for restoration of the incapacitated person to capacity; modification of the type of appointment or areas of protection, management, or assistance granted; or termination of the guardianship.
Appointment of guardian ad litem. A. On the filing of every petition for guardianship or conservatorship, the court shall appoint a guardian ad litem to represent the interests of the respondent.
A conservator may exercise the incapacitated person's power to revoke or amend a trust or to withdraw or demand distribution of trust assets only with the approval of the court for good cause shown, unless the trust instrument expressly provides otherwise.
Code § 64.2-2000 et seq., which includes the following: Petition: Any person may file a petition with a Virginia Circuit court stating that a Virginia resident needs a guardian or conservator to manage some or all his/her affairs. This person is called the petitioner.