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Guardian & Conservatorships

Roanoke Guardianship Attorneys

When loved ones becomes incapacitated and are unable to make personal and financial decisions for themselves, an agent named under a power of attorney and medical power of attorney can step in and make decisions. However, sometimes a person is incapacitated and has never signed powers of attorney. Other times, a person may have signed those documents, but becomes impaired to such an extent that they don’t understand they need help and actually prevent their agent from helping them. Under these facts, it will become necessary for someone to petition the circuit court to become the guardian and conservator of the incapacitated adult.

The terms used in Virginia are guardian, which means the person who will make your personal decisions such as where you live and what kind of medical treatment you receive, and conservator, which means the person who will control your finances. The process starts with the filing of a petition in the circuit court. Along with the petition, you must also file a medical evaluation which supports your allegation that the person has become incapacitated.

Once the petition is filed, the court appoints a guardian ad litem, who is an attorney appointed to represent the interests of the incapacitated adult. The guardian ad litem is a temporary role. The guardian ad litem investigates the matter for the court, and typically serves the petition on the incapacitated person during a visit. The guardian ad litem will also talk to other family members, review medical records, review financial information, and investigate other matters as appropriate. The guardian ad litem will then make a recommendation in a written report to the court regarding whether the guardianship or conservatorship is appropriate and who should serve in those roles.

The court will set a date for a hearing. The incapacitated person has the right to attend the hearing, request an attorney, call witnesses, cross-examine witnesses, issue subpoenas, and even request a jury trial. If the matter is uncontested, typically the hearing is a fairly informal matter in the courts of the Roanoke Valley. The court will ultimately appoint a guardian and conservator if appropriate. The person appointed will then appear in the clerk’s office to qualify as guardian and conservator. The guardian and conservator (usually the same person, but sometimes different) must sign a bond, and with a conservatorship, usually also must post a surety on the bond.

After being appointed, the guardian must file annual reports with the Department of Social Services regarding information such as where the person is living and how they are doing. The conservator must file reports with the Commissioner of Accounts detailing every financial transaction that has taken place each year. The duty to pay surety on the bond continues each year as well.

Client Success Stories

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Amy Meacham
May 5, 2026.
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Very professional and knowledgeable.
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Hunter Wimmer
March 27, 2026.
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[Financial folks have commented on how comprehensive and succinct my mom's estate package was. Her estate was settled in less than 4 months after her death] ... Robyn and her crew made this process incredibly easy. The documentation they drew up (will, trust, POA, and AMD) was very easy to understand as a layperson and very easy to execute — especially the will part (tip: have one person be the executor and trustee – and have them handle all of the personal effects/cars/jewelry. Robyn will explain). They were also available "after the sale" to help me through the process of settling the estate with very actionable and practical advice that saved me heartache and headache. They have a no-nonsense and very "real" way of constructing language that is clear and purposeful without the bloviated lawyer tone. On the flip side, my father in Florida paid half as much but I've had to pay other lawyers 20X as much to sort through the mess he left... and they can turn 12 words into 250 and charge you double for each vowel. Do it right the first time, because you don't get a do-over with this stuff. If you're looking for a comprehensive, simple, supportive estate-package, Robyn is the person to turn to. If you hate your kids and want to inflict pain after your death, prompting your kids to burn photos of you, I've got a guy in Vero Beach, FL you can call (rhymes with "dawn").
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Ann Hawley
February 19, 2026.
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Having been unaccustomed to working with attorneys, I was a little apprehensive on my first meeting with Robyn Smith Ellis and her staff. They all made me very comfortable and at ease. Robyn was quick to understand the reason for my visit, and did some research we both could see on her big screen. She would need to obtain some information from the Courts before we meet again. I also needed to set up my will, POA and other estate papers. These were ready to peruse, make any necessary updates and sign at my next visit, along with the main reason for my initial visit. I would recommend Robyn Smith Ellis and her competent team for any need you may have, Elder law, family or business.
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Jeff Martin
February 6, 2026.
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I am very thankful to Vested Partners for helping me process my will. They were very kind and easy to work with! I would recommend them to anyone.
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Cris Flippen
October 17, 2025.
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My husband and I are very pleased with the services received from Robin Ellis and Vested Partners. Everything was very clear and all of our questions were answered in a personal and professional manner. We have a peace of mind that our adult children and grandchildren will have minimal issues settling our estate after our departures.
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LISA K. Taylor
August 29, 2025.
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Robyn and her team at Vested Partners did an excellent job for us. We enjoyed working with them and would highly recommend her.
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Melissa Howell
April 17, 2025.
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Robyn has been incredibly helpful in helping me deal with my wife’s estate. She helped me figure out whether or not to sue the hospital, and provided essential information that not only eased my anxiety, but helped me financially. I am very grateful to her and her firm. M. Howell
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Terri Hancock
April 1, 2025.
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Robyn Ellis is a nice person to work with.She was very informative and she answered all of our questions and took time with us to do that. I definitely would recommend her.
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Sue Seaman
February 20, 2025.
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Vested Partners was recommended to us by our daughter, We had no idea how to begin planning for our future, Robyn provided expert advice to help us decide what was best for our family. She and her staff were professional and worked to put our plan together in a timely manner and at a reasonable cost. Thank you for your support! The Seaman's

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