How to File for Guardianship in Virginia — Step-by-Step Process for Families

Your parent has lost the ability to make safe decisions. There's no power of attorney. The bank won't let you pay their bills. The hospital needs someone authorized to consent to treatment. The only remaining path is a Virginia circuit court guardianship — and the process is more structured than most families expect.

Here's exactly what happens from the first phone call to the final court order.

Step 1: Gather the Medical Evidence

Before you file anything, you need a clinical evaluation report. No guardianship petition proceeds without objective medical evidence of incapacity.

Under Virginia Code § 64.2-2002, the evaluation must be conducted by a licensed physician, licensed psychologist, or another licensed professional skilled in assessing your parent's specific conditions. The report must include:

• A precise clinical diagnosis (Alzheimer's, vascular dementia, traumatic brain injury, etc.)
• How the condition impairs the parent's ability to make decisions
• All active medications, noting any that affect cognition or behavior
• The exact dates of the examinations
• The evaluator's signature and professional license information

Cost: $150 to $600, depending on the provider. Insurance may cover part of this if framed as a clinical evaluation rather than a legal assessment.

Schedule this evaluation before you begin the filing process — it takes time to get the appointment, and the petition needs the report attached.

Step 2: File the Petition (Form CC-1640)

File with the circuit court clerk in the city or county where your parent resides — or where they were located before being admitted to a hospital or care facility.

The petition package includes:

• Form CC-1640 — the cover sheet and petition identifying the parent, the petitioner, and the proposed guardian/conservator
• Form CC-1641 — the sealed financial addendum (bank accounts, investments, property, debts)
• Form CC-1642 — the sealed medical addendum (evaluation report, clinical records)
• The medical evaluation report

The petition must disclose the names and addresses of the parent's spouse, adult children, parents, and adult siblings. If none exist, at least three close relatives must be listed.

Filing fee: $150 to $250 depending on the jurisdiction.

Step 3: The Court Appoints a Guardian ad Litem

Upon filing, the court must appoint a Guardian ad Litem (GAL) — an independent attorney whose sole job is to protect the parent's interests.

The GAL must:

• Visit the parent in person
• Advise the parent of their legal rights, including the right to retain their own attorney, object to the petition, and request a jury trial
• Investigate the facts alleged in the petition
• Interview the proposed guardian and other family members
• File a written report recommending whether guardianship is necessary, what powers should be granted or limited, and whether the proposed fiduciary is suitable

GAL fees: $400 to $1,500, taxed as a court cost to the parent's estate.

Step 4: Serve Notice

The parent must receive personal service — a copy of the petition, the hearing notice, and the GAL appointment order. This is typically served by the sheriff's department. Service fee: approximately $12 per party.

Personal service on the parent is a jurisdictional prerequisite. If it's not completed, any resulting court order is void.

All other adult relatives listed in the petition must receive notice by first-class mail at least 10 days before the hearing date.

Step 5: The Court Hearing

The hearing is held before a circuit court judge. The parent has the right to attend, and most judges encourage their presence (or at minimum, their presence by video if they're in a care facility).

What to expect:

• The GAL presents their findings. Their report typically carries significant weight with the judge.
• The petitioner may testify about the parent's condition, daily needs, and the urgency of the appointment.
• The medical evaluator may be called if the judge has questions about the clinical evidence.
• The parent may speak or have their attorney present objections.

If the petition is uncontested (no family disputes), hearings are usually brief — 30 to 60 minutes. The judge reviews the evidence and enters an order on the same day.

Step 6: Qualify Before the Clerk

The court order appoints you, but you have no legal authority until you qualify. Qualification requires:

• Taking a formal oath of office before the circuit court clerk
• Posting a fiduciary bond — the amount is set by the court, typically based on the value of the parent's estate plus one year of projected income
• Paying the bond premium — $100 to $1,000 annually depending on estate size

Once you qualify, you receive letters of guardianship and/or conservatorship — the official documents that prove your authority to banks, healthcare providers, and government agencies.

Timeline: How Long Does Virginia Guardianship Take?

Emergency temporary guardianship (Virginia Code § 64.2-2012) can be obtained within 5 to 10 days when the parent faces imminent danger. The temporary order lasts up to 90 days while the permanent hearing is scheduled.

Cost Breakdown

Filing Without a Lawyer (Pro Se)

Virginia allows pro se guardianship petitions — you can file without an attorney. The court forms are available free from vacourts.gov, and some circuit courts offer self-help desks.

The practical challenges of going pro se:

• You still need the medical evaluation report
• The petition form requires detailed legal descriptions of the parent's condition and the specific powers being requested
• Mistakes in the petition cause delays — the clerk doesn't review for completeness, they just file what you submit
• The GAL is still appointed and paid from the estate regardless
• If another family member contests, you'll face an attorney on the other side

Pro se filing works best for straightforward, uncontested cases where one child is clearly the appropriate guardian, there's no significant estate to manage, and no family disagreement. For contested cases or estates over $100,000, legal representation is strongly recommended.

When Guardianship Gets Contested

Contested guardianship happens when family members disagree about:

• Whether the parent actually lacks capacity
• Which family member should be appointed
• Whether guardianship is needed at all (the parent or their attorney argues they can manage with less-restrictive supports)

A contested hearing looks more like a trial — witnesses, cross-examination, competing expert testimony. The parent's attorney may present their own medical evidence challenging the petitioner's evaluation. Each side bears their own attorney fees, though the GAL's fees come from the parent's estate regardless.

The judge must consider the least-restrictive alternative before granting plenary (full) guardianship. If the parent retains capacity in some areas, the court may enter a limited order preserving certain decision-making rights.

The Virginia Power of Attorney & Guardianship Kit includes annotated versions of every court form referenced above — CC-1640, CC-1641, CC-1671, CC-1644, and CC-1682 — with field-by-field instructions and a filing timeline that tracks every deadline from petition through annual compliance.

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