Fairfax Virginia Conservatorship Questionnaire

State:
Multi-State
County:
Fairfax
Control #:
US-Q1007
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a conservatorship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

How Long Does a Conservatorship Last? Conservatorship immediately ends once a Conservatee dies. It can also end if it's no longer needed. If the person appointed Conservator is no longer able or willing to serve, the court will appoint a new Conservator as long as there is still need.

The first step in any effort to obtain legal guardianship in the state of Virginia is to file a petition with the Virginia Circuit Court in the city or county where the person of concern resides, or where he or she resided prior to entering a nursing home or care facility. Anyone may file such a petition.

A conservatorship will automatically terminate upon the death of the incapacitated person. Alternatively, it may end if the court makes a determination that a conservatorship is no longer needed because the incapacitated person has regained the ability to manage their finances.

In most instances, the powers of a limited conservatorship of the person allow the conservator to arrange for the housing, health care, meals, personal care, housekeeping, transportation, recreation, and education of the conservatee.

A guardianship or conservatorship shall terminate upon the death of the incapacitated person or, if ordered by the court, following a hearing on the petition of any interested person.

Depending on the circumstances, Virginia law allows reasonable compensation for services as a Conservator. The local Commissioner of Accounts who oversees the Conservator's reports will provide detailed information on payment and reimbursement of expenses.

Public Guardian Salary in Virginia Annual SalaryWeekly PayTop Earners$86,128$1,65675th Percentile$57,745$1,110Average$48,005$92325th Percentile$31,319$602

Most courts allow the guardian to receive a reasonable compensation amount. After all, the guardian must perform quite a bit of work to care for the ward's various financial, medical, and personal needs. A standard amount might be 5 percent of the ward's yearly income, but the actual amount can vary quite a bit.

What is an adult guardianship or conservatorship? An adult guardianship or conservatorship is created when a Virginia circuit court determines that a person is unable to manage his or her own personal or financial affairs and appoints a guardian and/or conservator for that person.

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Fairfax Virginia Conservatorship Questionnaire