RD42 - Biennial Report - Virginia Public Guardian and Conservator Program – 2026


Executive Summary:

The Virginia Public Guardian and Conservator Program (Program) provides public guardianship and conservatorship services for adults who are incapacitated, have no one else who is willing and able to serve as their legal decisionmaker, and lack the means to pay for these services. The Program began in 1998 under Virginia Code § 51.5-149 et seq. and is located in the Division for Community Living within the Department for Aging and Rehabilitative Services (DARS).

DARS contracts with 11 entities (Providers) to serve up to 1,349 clients. To ensure statewide coverage, each geographic area is assigned to one or more Providers. After an individual is offered a client slot, a circuit court must confirm that the eligibility criteria are met before appointing the Provider to serve as the individual’s public guardian.

A total of 353 clients became active during State Fiscal Years 2024 and 2025, while 249 active clients exited the Program. The Program is currently 94% full, including both active and pending clients. Each provider has a multidisciplinary team to screen referrals and reassess clients annually to ensure that public guardianship continues to be appropriate.

The majority of the Program’s clients live in either a group home or sponsored residential setting, and 25% are currently in a nursing home. The age range of active clients is 18 to 100, and 56% are over the age of 60.

The Program’s Providers comply with a number of contractual and regulatory requirements that do not apply to other guardians. For example, Providers maintain a maximum client-to-staff ratio of 20-to-1 and meet face-to-face with every client monthly. These requirements, along with the monitoring, technical support, and training that DARS provides, support the delivery of high-quality guardianship and conservatorship services.