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Looking Further Ahead · 09
At eighteen, the law sees an adult.
When your child turns 18, they are legally an adult, even if they cannot make medical, legal, or financial decisions on their own. Guardianship and conservatorship let a court give you the authority to keep making those decisions.
First call is a conversation, not a commitment.
The Short Answer
At 18, your authority as a parent ends, even if your child cannot make decisions safely. Guardianship and conservatorship are how a Virginia court gives a parent or other trusted person the legal authority to keep deciding on the adult child's behalf.
How It Works
From parent to legal guardian.
The shift happens automatically at 18. Putting legal authority back in place takes a court. Here is the path.
1
Understand the cutoff
At 18 the law treats your child as an adult. Your automatic authority to make medical, legal, and financial decisions ends.
2
Know the two roles
A guardian handles personal and medical decisions. A conservator handles financial and property matters. One person can hold both.
3
Petition the court
You file in the circuit court where the adult lives. The court evaluates capacity, often with a medical evaluation and a guardian ad litem, then appoints.
4
Weigh less restrictive options
Full guardianship is the most restrictive choice. For some adults, powers of attorney or supported decision-making fit better.
The Governing Framework
Guardianship and conservatorship of an incapacitated adult in Virginia are governed by Title 64.2 of the Virginia Code. The circuit court decides whether to appoint a guardian, a conservator, or both, and is directed to choose the least restrictive option that meets the adult's needs.
Statutes change. Confirm the current requirements under Title 64.2 of the Virginia Code and how they apply to your facts before relying on them.
The Options
Different roles for different needs.
01
Guardian Of The Person
Authority over personal and medical decisions: care, housing, treatment, and daily wellbeing.
02
Conservator Of The Estate
Authority over financial and property matters: managing money, benefits, and assets.
03
Filed In Circuit Court
The petition is filed where the adult lives, and the court evaluates capacity before appointing.
04
Less Restrictive Options
Powers of attorney, a healthcare agent, or supported decision-making may fit better than full guardianship.
Worth Knowing
What makes this go smoothly, and what causes a scramble.
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It works when
- The process starts well before the 18th birthday
- The right role is chosen: guardian, conservator, or both
- A current medical evaluation supports the petition
- Less restrictive options are considered first and honestly
- Authority is in place the moment the child becomes an adult
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It backfires when
- Families wait until a medical or financial crisis forces it
- No one can make decisions in the gap after the 18th birthday
- Full guardianship is sought where a lighter tool would do
- There is no current evaluation of the adult's capacity
- The petition is filed in the wrong court or left incomplete
Corrie Sirkin, Esq.Founding Partner · AAML Contributor
From Our Attorney
"The 18th birthday does not wait for paperwork. Start the petition early, so authority is there when you need it."
Families are often caught off guard that parental authority simply ends at 18. Without guardianship or a lighter alternative in place, you can find yourself locked out of a medical or financial decision for the very child you have cared for all along.
We help you choose the right level of authority, full guardianship, conservatorship, or a less restrictive tool, and move the petition through the circuit court so it is in place when your child becomes an adult.
Talk With CorrieMore On Special Needs
Every part of a special-needs case.
01
Tailored Parenting Plans
02
Custody With Special Factors
03
Above-Guideline Support
04
Equitable Distribution
05
Working With Specialists
06
Detailed Parenting Agreements
07
Support Past Age 18
08
Special Needs Trusts
09
Guardianship Planning
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Government Benefits
11
Life Insurance Planning
12
Long-Term Co-Parenting
Questions Families Ask
Guardianship for an adult child.
A few of the questions we hear most on a first call. If yours is different, we are happy to answer it directly.
Have a specific question?Call 571.260.0999 or send us a message.
Why do I need guardianship when my child turns 18?
At 18, the law treats your child as an adult, even if a disability means they cannot make medical, legal, or financial decisions on their own. Your authority as a parent to make those decisions ends automatically. Guardianship or conservatorship is how a court gives a parent or other trusted person the legal authority to keep making decisions on the adult child's behalf.
What is the difference between a guardian and a conservator?
In Virginia, a guardian is responsible for personal and medical decisions, such as care, housing, and treatment. A conservator is responsible for financial and property matters, such as managing money and benefits. Depending on the adult's needs, one person can serve as both guardian and conservator, or the roles can be held separately.
Where is guardianship filed in Virginia?
A petition for guardianship or conservatorship of an incapacitated adult is filed in the circuit court where the adult lives. The court evaluates the person's capacity, often with input from a medical evaluation and a court-appointed guardian ad litem, before deciding whether to appoint a guardian, a conservator, or both.
Are there alternatives to full guardianship?
Yes. Full guardianship is the most restrictive option, and it is not always the right fit. For some adults, less restrictive tools such as powers of attorney, a healthcare agent, or supported decision-making arrangements provide enough protection while preserving more independence. We help families weigh which approach matches the adult child's actual abilities and needs.
When You Are Ready
Keep your authority in place.
If your child is approaching 18, let us look at whether guardianship, conservatorship, or a lighter option fits, and start the process in time.