Formal Qualification Process
Formal Qualification Appointment Requirements
- The signed Order of Appointment
- The dollar value of the personal assets in the estate of the Incapacitated Adult
- The fair market value of any real estate for the Incapacitated Adult
- If bond with surety is required by the Court Order, the surety bond company must attend your scheduled appointment to sign the surety bond
- You may also bring the completed information form (PDF) for Guardian and/or Conservator of an Incapacitated Adult
- Check, cash or credit card (PDF) to pay fees calculated during the qualification appointment. Fees are based upon the value of the estate
Bond with Surety
A surety bond is a guarantee by a third party (usually an insurance or bonding company) that a Conservator will properly account for all money and property owned by the Incapacitated Adult and that the Conservator will discharge his/her Conservator duties as required by law.
Obtaining Bond with Surety
The Probate Division cannot recommend any bonding company; however, here is a list of local bond companies (PDF) that provide bonds in Loudoun County.
Why do I need a bond?
A bond is a guarantee that you will perform your Conservator and/or Guardian duties as required by law. The Court Order of Appointment will set the amount of the bond and govern whether the bond is with or without surety.
Steps Involved in the Qualification Process
You will take an Oath of Office as Conservator and/or Guardian and you will sign the Bond. You will also pay the required qualification fees. The Probate Clerk handling your qualification process will then explain your duties and responsibilities as Conservator and/or Guardian. At the end of the Conservator qualification process, you will receive the following:
- Inventory Form (PDF)
- Account Summary Form (PDF)
- Instructions and Duties of a Conservator (PDF)
- Instructions to Conservators of Incapacitated Adults (PDF)
- Important Deadlines to Remember (Conservator) (PDF)
- Certificates of Qualification
At the end of the Guardian qualification process, you will receive the following:
- Certificates of Qualification
- Annual Report form for Family Services (PDF)
- Instructions to Newly Appointed Guardians (PDF)
- Important Deadlines to Remember (PDF)
- Letter from Department of Family Services (PDF)
After your qualification appointment, the Clerk will Record the following public documents:
- The Court Order of Appointment
- The Probate Clerk's Order of Qualification
- The Bond
The Clerk will inform the Department of Family Services of your Guardianship. The Clerk will also inform the Commissioner of Accounts of your Conservatorship.
Basic Duties of a Conservator
- A Conservator shall take care of and preserve the estate of the Incapacitated Adult (both personal property and real property) and manage it to the best advantage of the Incapacitated Adult.
- The Conservator is required to file an Inventory
- The Conservator is required to file an Annual Accounting with the Commissioner of Accounts.
Basic Duties of a Guardian
A Guardian's powers include only the powers enumerated in the Court Order. A Guardian must:
- Maintain sufficient contact with the Incapacitated Adult to know of his or her capabilities, limitations, needs, and opportunities.
- Visit the Incapacitated Adult as often as necessary.
- File an Annual Report with the local Department of Family Services for the jurisdiction in which he or she was appointed.
Contact the Department of Family Services
Loudoun County Department of Family Services
102 Heritage Way
Leesburg, VA 20176