When a loved one can no longer make decisions for themselves — whether due to age, illness, or disability — the legal system provides a pathway to protect them. Fidelis Law, PLC guides Southwest Virginia families through the guardianship and conservatorship process with care, clarity, and experience.
Guardianship vs. Conservatorship — What’s the Difference?
In Virginia, a guardian is appointed by a court to make personal decisions for an incapacitated person — including decisions about healthcare, living arrangements, and day-to-day welfare. A conservator is appointed to manage a person's financial affairs — their assets, income, bills, and property.
Often, when a family seeks court-ordered protection for a loved one, they need both a guardian and a conservator appointed. These roles can be held by the same person or by different people, depending on the circumstances. In either case, the appointment requires a court proceeding, and the guardian and conservator are accountable to the court throughout their service.
Guardianship and conservatorship proceedings can sometimes become contested — family members may disagree about who should serve, or about whether the appointment is even necessary. If you are facing a contested proceeding, or if you need to challenge a guardianship that you believe is inappropriate, Fidelis Law can represent you.
How Fidelis Law Helps Families
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Filing guardianship petitions
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Filing conservatorship petitions
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Emergency guardianship proceedings
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Contested guardianship defense
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Modification of existing orders
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Restoration of capacity proceedings
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Annual reporting and court compliance
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Removal of unsuitable guardian or conservator
A Difficult Process. A Compassionate Attorney
Seeking a guardianship or conservatorship for a parent, spouse, or other loved one is never easy. It often comes at a time of significant family stress — an unexpected illness, a sudden cognitive decline, or a crisis that requires immediate legal action. We work to make this process as clear and manageable as possible, explaining each step, setting realistic expectations, and moving your case forward efficiently.
We also understand that these proceedings can become contentious when family members disagree. If you are involved in a disputed guardianship — whether you are seeking the appointment, opposing it, or trying to remove an existing guardian — we are prepared to represent you through every stage of the proceeding.