Guardianships and Conservatorships


Unfortunately, due to advanced age, the onset of dementia, Alzheimer’s, mental illness, or some other circumstances, those we care for, usually family members, become incapacitated and are unable to independently care for themselves.


If the incapacitated person has not previously executed a Power of Attorney or an Advance Medical Directive, the last resort available to ensure that the individual does not suffer from neglect, exploitation, or abuse, is to petition the Court to appoint a suitable person to serve as a Guardian or Conservator pursuant to the Virginia Guardianship and Conservatorship Act.  Even when an incapacitated person had the foresight to perform estate planning by preparing and appointing agents under a Power of Attorney and an Advance Medical Directive, it often becomes necessary to file a petition seeking the appointment of a Guardian and Conservator, because it is discovered that a fiduciary is failing to perform their duties, and is even using a Power of Attorney to convert the incapacitated person’s assets for his or her own improper uses.  Regrettably we also live in a time where there is widespread financial elder abuse where third parties, and even family members, exploit the elderly and carry out schemes (IRS scams, Prize or Lottery scams) to steal their life savings, sometimes right under the noses of loved ones.  Frank Driscoll is well known in the legal community for handling simple uncontested and complex contested Guardianship and Conservatorship cases, and has extensive experience in handling cases involving financial elder abuse.  Frank Driscoll has the experience and expertise to “stop the bleeding”, by taking steps to protect an incapacitated person’s assets from being improperly wasted pending the appointment of a Guardian and Conservator.  Frank Driscoll is thoroughly familiar with the Virginia Guardianship and Conservatorship Act and all the strategic steps that must be taken to successfully get a client, or a suitable person, appointed Guardian and Conservator whose duty is to properly care for an incapacitated person.  Frank Driscoll guides his clients through the process with a focus of keeping the best interests of their loved ones in mind.

To schedule a consultation call 757-321-0054.