What is an incapacitated person, a guardian, and a conservator?
When may appointment of a guardian or conservator be appropriate? When may appointment of a guardian or conservator not be appropriate? What are the steps in Virginia to appoint a guardian and/or conservator? 1. What is an incapacitated person, a guardian, and a conservator? An incapacitated person is a person who has been found by the court to be incapable of receiving and evaluation information effectively or responding to people, events, or environments to such an extent that he lacks the capacity to care for his health, care, safety or therapeutic needs, or manage his property or financial affairs. Once appointed by the Circuit Court, a guardian oversees the management of the “person” of the incapacitated person. That is, a guardian is empowered to make decisions affecting the personal situation of the incapacitated person, such as health care decisions, where the person is going to live, etc. On the other hand, a conservator oversees the estate and finances of the incapacitated pe
