Information about the Fairfax County Guardianship Program is provided to help people who are court-appointed legal guardians of an incapacitated adult 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.
You have the choice to send one report together that lists all the guardians’ names with their signatures, or each guardian may send a separate report. Each report requires a $5.00 fee.
Guardian’s change of address, phone number, or email address
Incapacitated adult’s change of address
Change in guardian(s)
Death of the incapacitated adult
Restoration of rights of the incapacitated adult
Transfer of guardianship to another state
Suspected abuse, neglect, or exploitation of the incapacitated adult – call 703-324-7450 for Fairfax County or the Virginia Adult Abuse Hotline at 888-832-3858. If there is a life-threatening emergency, please call 911.
The Fairfax County Guardianship Program must tell the court that appointed you about the late or missing reports.
It will be returned to you as incomplete and you will need to resubmit the report after the reporting period ends.
Report of Guardian for an Incapacitated Person (Form # CC-1644)
Unless waived by the court, guardians appointed after July 1, 1997 are required to file the “Report of Guardian for an Incapacitated Person” at various times throughout the guardianship pursuant to Virginia Code § 64.2- 2020.
Please use this worksheet to calculate your reporting period and due dates. Find your date of qualification (when you took the oath to become a guardian) to start the calculation.
Initial reports: first four months of guardianship
Annual reports: every 12 months after the initial report
Final report: when there is a change in the guardianship (for example, death of ward, change of guardian, transfer to another state, restoration of ward’s rights, end of guardianship for other reasons)
Where to File the Report
According to Virginia Code § 64.2-2020, guardians should send the report to the local department of social services office where the incapacitated adult last resided during that reporting period. The local department of social services for Fairfax County is:
Department of Family Services Adult and Aging Division Adult Protective Services/Guardianship Unit 12011 Government Center Parkway, Suite 432 Fairfax, VA 22035
Please include a check or money order for $5.00 made payable to “Fairfax County” if sending the report to Fairfax County. Co-guardians may send one report together that lists all the guardians’ names with their signatures, or each guardian may send a separate report. Each report requires a $5.00 fee.
If you have questions or need assistance with the Virginia Guardian Training, please contact the Guardian Training Program Coordinator with DARS.
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.
