Information about the Fairfax County Guardianship Program is provided to help people who are newly appointed legal guardians by the Court or who may have general questions about guardianship/conservatorship.
A guardian is 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, if not inconsistent with an order of involuntary admission, residence. Where the context plainly indicates, the term includes a "limited guardian" or a "temporary guardian."
The guardian(s) has a legal obligation to file an initial guardian report then an annual guardian reports on the incapacitated adult’s condition thereafter with the local Depart of Social Services for the jurisdiction in which the incapacitated adult resides (§ 64.2-2020 of the Code of Virginia).
A Conservator is a person appointed by the court who is responsible for managing the estate and financial affairs of an incapacitated person and where the context plainly indicates, includes a “limited conservator” or a “temporary conservator.”
The guardian must notify Fairfax County Guardianship Program if the Ward (Incapacitated Person) moves to another jurisdiction in Virginia, transfer the guardianship to another state via court proceedings, and/or if the ward is restored to capacity.
The Fairfax County Guardianship Program must also be notified if the guardian relocates or contact information has changed. This is to ensure that the correct jurisdiction has the case.
If the ward (incapacitated adult) passes away, the guardian(s) must notify Fairfax County Guardianship Program via telephone or email, as well as mail the completed Final Guardian Report with proof of Ward’s death (i.e. Copy of Death Certificate or Obituary), and the $5.00 filing fee.
Report of Guardian for an Incapacitated Person (Form # CC-1644)
Guardians are required to file Report of Guardian for an Incapacitated Person pursuant to § 64.2- 2020.
Within six months from the date the guardian is qualified by the court, the guardian must send the first report to the County/City Social Services agency in the locality where the incapacitated adult lives. The first report addresses the incapacitated adult's condition covering the first four months, beginning on the date of qualification.
According to § 64.2-2020 of the Code of Virginia, the guardian must also pay a $5.00 fee with the first report. If paying by check, make it out to Fairfax County and write the incapacitated adult’s name in the memo line. Electronic payments are not available right now.
The Annual Report
After the first report, the guardian must submit reports every 12 months. These reports are due within four months after the end of the previous 12-month period. Each report must include a $5.00 fee.
What happens if a guardian does not complete the Report of Guardian for an Incapacitated Person in a timely manner?
The first (initial) report covers four months, starting from the date the guardian is qualified by the court. The guardian then has two extra months to submit this report to the Fairfax County Guardianship before it is considered late by the Court.
The annual report covers the 12 months after the initial report. The guardian has four extra months to submit this report before it is considered late by the Court.
Please note: If a guardian does not submit reports on time, the Fairfax County Guardianship Program must tell the Court about the late or missing reports.
To no longer be considered late by the Court, the guardian must catch up on all their reports with the Fairfax County Guardianship Program.
If you have questions or seek further clarification about the role of a legal guardian, please contact the Fairfax County Guardianship Program’s general mailbox: dfsaaguardianship@fairfaxcounty.gov.
