Petition the court to protect an incapacitated adult’s person and finances, for families across Loudoun County and Northern Virginia.
Sources: Code of Virginia § 64.2-2000 et seq.
When an adult loses the capacity to manage their own affairs, a court can appoint a guardian for personal and medical decisions and a conservator for finances. The process requires a petition, evidence of incapacity, and court oversight. We guide families through it and represent interested parties in contested cases.
When an adult becomes incapacitated, by illness, injury, dementia, or disability, and can no longer make or communicate responsible decisions, their family often needs legal authority to step in and protect them. That authority comes through a court proceeding.
Virginia allows a court to appoint a guardian, responsible for personal and medical decisions, and a conservator, responsible for finances and property. The process requires a petition, evidence of incapacity, notice to interested parties, and ongoing court supervision of the appointed protector.
We guide families through establishing guardianship and conservatorship, present the case the court requires, and represent interested parties in contested proceedings where there is disagreement about capacity or who should serve.
Schedule a ConsultationEstablishing court-supervised protection for an incapacitated adult.
Seek authority over personal and medical decisions.
Seek authority over finances and property.
Present the proof of incapacity the court requires.
Represent parties when there is disagreement.
Pursue only the authority that is truly needed.
Help appointed protectors meet their duties.
Guardian for the person, conservator for the finances.
We present the capacity evidence the court requires.
Contested proceedings represented with care.
Only the authority that is genuinely needed.
We start with your loss, the estate, and where things stand. We learn what you are facing.
We lay out the filings, deadlines, and decisions ahead, so nothing catches you off guard.
We prepare court filings, inventories, and accountings, and handle the details correctly.
We stay with you through creditor claims, any disputes, and final distribution.
“These proceedings almost always arrive in a crisis: a parent’s dementia has advanced, or an adult child has been in an accident, and suddenly the family needs legal authority to act and does not have it. The court process can feel intrusive, because it is, the law does not hand over control of another adult’s life lightly, and it should not. My job is to guide the family through it with as little added stress as possible, present the evidence the court needs, and pursue only the level of authority that is truly required to keep the person safe.”
More on the documents that can prepare for incapacity, sometimes without a court proceeding at all.
What can happen to an adult who loses capacity without directives in place.
How powers of attorney and directives can let someone act without a court proceeding.
The planning documents that prepare for incapacity and the end of life.
When an adult loses capacity, the court can authorize protection. Adam L. Engel, Esq. guides families through the proceedings. Serving Northern Virginia.