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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118087
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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1. How much should a guardian be paid in the state of Virginia 2.

Resolved Question:

1. How much should a guardian be paid in the state of Virginia?
2. How much should a conservator be paid in the state of Virginia?
3. How does one set up an account plan as a conservator?
4 Can a conservator or a guardian sell property without the consent of the court?
Submitted: 6 years ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 6 years ago.
1) Guardianship is court appointed and is a person who will manage the personal affairs of the person. The court decides the fees that a guardian will receive based on the amount of work that will have to be done by the guardian and the fees are not set by any statutes.

2) A conservator is like a guardian and generally is the same person appointed guardian, but it does not have to be. The difference is that where the guardian manages personal affairs, the conservator manages financial affairs and estate of the person. Again, this must be court appointed and fees for performing the work are not in the statutes but are determined by the court based on the amount of the person's assets and the amount of work that they will need to perform.

3) The procedure for guardian/conservator appointment requires that a petition be filed with the local court. Along with the petition you must file medical reports and statements from doctors that the person is functionally incapable of managing their personal affairs and/or financial affairs on their own. You must have a licensed physician testify to this. Once you file the petition the court notifies the person and will appoint a temporary guardian/conservator attorney for them (Guardian ad litem) to represent them in the proceedings. Finally, the court will hold a hearing and take testimony from the medical professionals to determine if guardianship/conservatorship is warranted. Based on that hearing the court will determine fees that the guardian/conservator should receive for performing these duties if it is determined that one or both should be appointed.

4) The court will specify in the court orders the powers of both the guardian and conservator. This means that the court will determine if the guardian/conservator can sell property or encumber property along with any other things they can do without court approval. The court will also determine what the conservator/guardian needs to get court approval to do.

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