Qualification

The Circuit Court enters an order appointing a conservator of an incapacitated adult. Generally, the circuit court in which the incapacitated adult resides is that appropriate court to enter such an order.1 Upon entry of the order, the conservator must qualify in the circuit court clerk’s office.

The Probate Division of the Clerk’s office reserves Friday mornings from 9:00 a.m. to Noon for qualification of conservators. Prospective fiduciaries are seen on a first-come, first-serve basis. Any prospective fiduciary unable to qualify at that time will need to make an appointment with the Probate Division of the Clerk’s Office. The Probate Division is located in the Fairfax Judicial Center at 4110 Chain Bridge Road, Suite 401, Fairfax, Virginia 22030 and may be reached at (703) 246-4153. At the probate appointment, the fiduciary will need to have an estimate of the value of the incapacitated adult’s assets, and the incapacitated adult’s right to periodic payments from any source.

If the prospective fiduciary is not a resident of Virginia, he should arrange for a Virginia resident to accompany him to the appointment. A nonresident fiduciary must appoint a resident agent to be served with legal papers on his behalf.2 A resident agent should forward all legal papers and other correspondence regarding the estate to the fiduciary. Please note that a Virginia resident who qualifies with the nonresident fiduciary is equally liable for administration of the estate. If the duties are not faithfully carried out, each fiduciary will be subject to enforcement proceedings.

There are charges which the prospective fiduciary should be prepared to pay at the appointment. The prospective fiduciary must generally advance these costs from his funds. The Clerk’s office accepts MasterCard and Visa with a 4% processing fee for each credit card transaction. Clerk’s fees are a proper expense of the conservatorship, therefore, the conservator may be reimbursed for such costs.

If all is in order, the clerk will administer the oath of office to the fiduciary, establish the amount of the fiduciary’s bond (and whether any surety is required) and will issue certificates of qualification to the fiduciary.

1. Va. Code Ann. §64.2-2001.
2. Va. Code Ann. §64.2-1419; 64.2-1426 to 1432; 64.2-426 to 427.