Glossary

Bond
In order to be appointed conservator, a court will frequently require that a guardian acquire a form of insurance, known as a surety bond, to protect the assets of the incapacitated in the event of financial mismanagement or theft.

Commissioner of Accounts
Person(s) appointed by the Court to monitor the reports and activities of personal representatives acting in a fiduciary capacity, which would include the conservator.

Conservatorship
In many states, this term is synonymous with guardianship. In Virginia, it is important to note that a conservatorship only provides for financial and property management. It does not allow for decision making as to an individuals personal or medical needs.

Conservator
A person appointed by the court who is responsible for managing the estate and financial affairs of an incapacitated person.

Fiduciary
A person in a position of trust with respect to another's property.

Guardian ad litem
When a petition for guardianship is filed, the court must feel satisfied that the proposed incapacitated is indeed mentally incapacitated and that the proposed guardian is the individual best suited to act on behalf of the proposed incapacitated. As such, an attorney is always appointed to represent the proposed incapacitated to advocate their interests.

Guardian
A person appointed by the court who is responsible for the personal affairs of an incapacitated person, including responsibility for making decisions regarding the person's support, care, health, safety, habilitation, education, therapeutic treatment, and residence.

Guardianship
A guardianship is a protective arrangement covering the personal and medical well being of a minor or a mentally incapacitated adult.

Hearing Date
In order to establish a guardianship, pleadings are filed with the Circuit Court in which the adult incapacitated person is a resident. The hearing date is the day on which the court will hold a hearing to establish a guardianship or conservatorship. All interested parties are sent a notice of the hearing.

Incapacitated
An individual whose personal, medical and financial decisions are made by a third party, namely a guardian or conservator. In the case of a minor, these decisions are made because the minor has not yet attained the age of majority (18). In the case of an adult, these decisions are made because the individual was either born with a developmental disability or due to the result of becoming mentally incapacitated after becoming an adult.