Virginia Guardianship Forms — Every Court Document You Need to File a Petition
Virginia Guardianship Forms — Every Court Document You Need to File a Petition
Filing for guardianship of an aging parent in Virginia means assembling a specific set of circuit court forms — and filling them out correctly the first time. The court clerk's office provides the blank forms but no instructions. Submit incomplete paperwork and your petition gets bounced back, delaying intervention for a parent who may be in crisis.
Here's the complete directory of Virginia guardianship and conservatorship forms, what each one does, and what the court expects to see in every field.
The Core Petition Package
Form CC-1640: Cover Sheet and Petition for Appointment
This is the primary filing document. It initiates the guardianship and/or conservatorship proceeding in the circuit court of the city or county where your parent resides (or where they were located before being admitted to a hospital or care facility).
Under Virginia Code § 64.2-2002, the petition must include:
- Names, ages, and mailing addresses of the respondent's spouse, adult children, parents, and adult siblings
- If no immediate family exists, at least three close relatives
- Names of any agents designated under prior powers of attorney or advance directives
- A statement describing the respondent's alleged incapacity and the specific powers being requested
- The name and qualifications of the proposed guardian and/or conservator
The filing fee is typically $150 to $250 depending on the jurisdiction.
Form CC-1641: Addendum for Sealed Financial Information
This form protects the respondent's private financial data from public disclosure. It's filed under seal and contains:
- Bank account numbers and balances
- Investment and retirement account details
- Real estate holdings and tax assessments
- Outstanding debts and liabilities
The court requires this information to determine bond amounts and evaluate the conservatorship's financial scope, but it stays out of the public case file.
Form CC-1642: Petition Addendum Under Seal
This sealed addendum protects confidential medical information — mental health evaluations, clinical diagnoses, and medication lists. The evaluator's report (discussed below) is typically attached to this form rather than the public petition.
The Medical Evaluation Report
No guardianship petition proceeds without objective clinical evidence. The petitioner must file a confidential evaluation report prepared by a licensed physician, psychologist, or another licensed professional skilled in assessing the respondent's specific conditions.
Under Virginia Code § 64.2-2002, the evaluation report must detail:
- The precise clinical diagnosis of the respondent's mental and physical conditions
- How those conditions impair the respondent's ability to make decisions
- All active medications that may alter behavior or cognitive awareness
- The exact dates of all examinations
- The evaluator's signature and professional license information
Most physicians charge $150 to $600 for a capacity evaluation. Insurance may cover part of this cost if it's framed as a clinical consultation rather than a legal assessment.
Post-Appointment Forms
Form CC-1644: Report of Guardian for an Incapacitated Person
Once appointed, the guardian must file this report with the local Department of Social Services:
- Initial filing: Within 6 months of qualification
- Subsequent filings: Annually, within 4 months after the qualification anniversary
The report must document the ward's current physical and mental health, primary diagnoses, current residence, dates of all in-person visits, any significant medical treatments authorized, and confirmation that the guardian has completed the mandatory DARS training.
Since July 1, 2025, all newly appointed guardians must complete free online training through the Department for Aging and Rehabilitative Services (DARS) within 120 days of qualification. Guardians appointed before that date must complete training by January 1, 2027. Compliance is disclosed on this form.
Form CC-1671: Inventory for an Incapacitated Adult
The conservator must file a complete asset inventory with the Commissioner of Accounts within 4 months of qualification. This inventory must reflect fair market values as of the exact date of qualification — not the filing date, not the petition date.
Required documentation includes:
- Bank statements showing account balances on the qualification date
- Real estate tax assessments or certified appraisals
- Investment account statements
- Vehicle titles and valuations
- Lists of personal property with estimated values
The Commissioner of Accounts charges audit fees based on the estate's total value: $135 for estates under $50,000, scaling up to $350 for estates over $700,000.
Form CC-1682: Account for an Incapacitated Adult
The conservator's annual financial accounting, due within 16 months of qualification and annually thereafter. This is an exacting audit requiring:
- A double-entry cash ledger showing every receipt, disbursement, and capital gain or loss
- Physical or digital copies of all bank statements, cancelled checks, paid invoices, and tax filings
- The beginning balance must match the ending balance of the inventory (for the first accounting) or the prior year's accounting
Audit fees range from $275 for estates under $50,000 to $1,100 or more for larger estates. If the incapacitated adult receives Medicaid long-term care, the maximum Commissioner's fee is capped at $25 under Virginia Code § 64.2-1305.
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Filing Sequence and Deadlines
| Step | Form | Filed With | Deadline |
|---|---|---|---|
| 1. File petition | CC-1640, CC-1641, CC-1642 | Circuit Court Clerk | Initiates case |
| 2. Serve respondent | Court order + petition copies | Sheriff's department | Before hearing |
| 3. Qualify (oath + bond) | Fiduciary oath | Circuit Court Clerk | After court order |
| 4. File inventory | CC-1671 | Commissioner of Accounts | 4 months after qualification |
| 5. File guardian report | CC-1644 | Local DSS | 6 months after qualification |
| 6. File accounting | CC-1682 | Commissioner of Accounts | 16 months after qualification |
Missing any deadline triggers a delinquency notice from the Commissioner of Accounts. Repeated failures to file can result in the court removing the guardian or conservator and appointing a replacement.
Where to Get the Forms
All forms are available free from the Virginia Judicial System website at vacourts.gov under Circuit Court Forms → Fiduciary. The forms are also available in person at any circuit court clerk's office.
The raw forms provide no guidance on how to complete them. The Virginia Power of Attorney & Guardianship Kit includes annotated versions of each form with field-by-field instructions — CC-1640, CC-1641, CC-1671, CC-1644, and CC-1682 — plus a filing timeline tracker that maps every deadline from petition through annual compliance.
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