Appointment of Guardians and Conservators

Due to the complex nature of Conservatorships and Guardianships of Incapacitated Adults, it is strongly recommended that you consult with a Virginia attorney for legal advice. The Clerk of the Court cannot render legal advice or provide any forms for the filing of any legal court documents (i.e. petitions, orders, etc.) No one has the legal authority to act as a Conservator or Guardian until they have completed all of the legal steps.

The following are the Clerk’s understanding of the legal steps for a person to obtain the legal authority to become a Conservator and/or Guardian:

  1. A petition or other legal pleading must be prepared by you or your attorney and filed with the Civil Division seeking to have an adult adjudged incapacitated and seeking to have a Conservator and/or Guardian appointed.
  2. A hearing before a judge must be set on the court’s docket by you or your attorney.
  3. After the hearing a judge will issue a ruling determining if the adult is incapacitated and to appoint a Conservator and/or a Guardian.
  4. A court order must be prepared by you or your attorney for the judge to sign to adjudge the adult to be incapacitated and to appoint you as Conservator and/or Guardian within one month of appointment.
    • Pursuant to § 64.2-2009(E)(4) -  All orders appointing a guardian, conservator, or both shall include the current mailing address, email address, and physical address of the court issuing the order and to which such informal written communication shall be directed. Our court's mailing and physical address is Rockingham County Circuit Court, 80 Court Sq, Harrisonburg, VA 22802 and the email is probate@rockinghamcountyva.gov. 
  5. After the court order has been signed by a judge, you must schedule an appointment with the Probate Division to formally qualify as Conservator and/or Guardian.
    • The guardian or conservator shall subscribe before the clerk an oath promising to faithfully perform the duties of the office, post the bond in the penalty and surety ordered by the court, and accept in writing (by receipt) any educational materials provided by the court.
    • Upon qualification, the clerk shall issue to the guardian or conservator a certificate of qualification, with a copy of the order appended thereto.

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