Providers' PortalVirginia funds public guardianship services for 1,349 adults determined by a circuit court to meet the following criteria:
- incapacitated and in need of a guardian’s assistance to meet their health, safety, or therapeutic needs;
- without anyone in their life who is suitable, willing, and able to serve as guardian; and
- without the means to pay for guardianship services.
The Virginia Public Guardian & Conservator Program at DARS—also known as the Public Guardian Program—oversees the services provided by eleven local public guardian programs (Local PGPs) throughout the Commonwealth.
How the Program Works
Public guardians are entities that operate under contract with DARS to serve a certain number of clients. There may be a waiting list, and regulations require that referrals be reviewed by a multidisciplinary team. Do not ask the circuit court to appoint a public guardian until the Local PGP contacts you to offer the referred individual a client slot.
After the court appoints a public guardian, trained program staff meet with each client at least once a month and serve as their legal decisionmaker. Based on the person’s needs, staff can:
- help to arrange housing and support services,
- consent to medical care,
- monitor benefits like Social Security, and
- advocate on the client’s behalf.
How to Make a Referral to the Public Guardian Program
Anyone may make a referral to the Public Guardian Program for an individual who meets the basic criteria of being incapacitated, indigent, and without anyone to serve as their legal decisionmaker. Referrals should be submitted directly to the local public guardian program(s) serving the area where the person lives. The referral form contains additional information and instructions.
If you are a CSB support coordinator or BHA case manager, see the special instructions in the referral form aboutDBHDS slots reserved for ID/DD clients.
If the referred individual is offered a slot, you will need to hire an attorney to prepare the petition and manage the legal process. The Local PGP can provide information about this process and the availability of any financial assistance for attorney’s fees.
How to Become the Guardian of a Family Member or Friend
Private individuals may serve as the guardian and/or conservator of anincapacitated person. If you are considering requesting the court to appoint you to this role, theVirginia Judicial website has a variety of resources, answers to frequently asked questions, and avideo on the appointment process.
Note: These links are provided for your convenience, but DARS has no oversight of private guardianships.
Additional Information
Watch avideo overview of the Public Guardian Program. The number of local public guardian programs and client slots has changed, but the general information is still relevant.
Read the2024 Biennial Report to the Virginia General Assembly on the status of the Public Guardian Program.
Less Restrictive Alternatives
The appointment of a guardian is a drastic step that usually involves the loss of many rights. Poor decision making or a need for support are not sufficient to justify the loss of these rights. Some individuals who need assistance and support could benefit from one of the less restrictive alternatives to guardianship.
Complaints
If you have a non-urgent complaint or concern about a Public Guardian Program client or compliance with laws andregulations, please let us know in writing. The complaint form is recommended but not required.
The Public Guardian Program serves only about 7% of Virginians who have a guardian. DARS cannot accept complaints on behalf of individuals who are not in the program. If you are unsure whether the individual is a client of the Public Guardian Program, email us to request a call.
You may submit a written complaint by any of the methods below. If you mail the complaint, we recommend that you keep a copy.
| Email: | publicguardian@dars.virginia.gov |
| Fax: | 804-662-7663 |
| Mail: | DARS Public Guardian Program Director
8004 Franklin Farms Dr Henrico, VA 23229 |
To report suspected adult abuse, neglect, or exploitation use one of the options below:
- complete an online report,
- call the 24-hour, toll-free APS hotline at 888-832-3858, or
- call the local department of social services.
For emergency situations affecting health and safety, call 911.
