Guardianship of an adult is the process of granting legal permission to an adult to act and make decisions on behalf of another adult who is incapacitated due to a physical or mental disability.

Instructions for newly appointed guardians are found in our Instruction Guide (PDF).

The Role of Social Services

When a guardian qualifies before the clerk of the circuit court, the clerk is required by § 64.2-2011 of the Code of Virginia to forward a copy of the Order of Appointment to the local department of social services (LDSS) in the jurisdiction where the incapacitated adult resides.

The guardian is responsible for filing an annual report on the incapacitated adult’s condition with the LDSS. The report form titled “Report of Guardian for an Incapacitated Person” is located on the Virginia Department of Social Services public website (Note: temporary or limited guardians are also required to file guardian reports.).

The LDSS may notify the guardian when the initial or annual report is due. (Note: A guardian who was appointed and qualified prior to July 1, 1997 (the date the annual report law took effect) is not required to file an annual report.)

Additional Resources

• Information from the Virginia courts on guardianship (PDF)
• Information from the Virginia Office for Aging Services on planning and legal services

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