In Virginia, when a young person turns 18, they generally become their own legal decision-maker — even if they have a significant disability and continue to need family support. This is true regardless of diagnosis. A diagnosis of autism, intellectual disability, developmental disability, or another condition does not automatically mean that guardianship is necessary.

This means parents and caregivers do not automatically continue to have legal authority to:

• Make medical decisions
• Access medical or educational records
• Sign legal documents
• Manage money or benefits
• Decide where the adult will live
• Communicate with agencies on the adult’s behalf

The level of support a person needs is different for every individual. Some young adults can make many decisions independently. Others may benefit from support in specific areas. Many fall somewhere in between. The goal is to find the least restrictive option that provides the support the person actually needs.

• Guardian — appointed by a Virginia circuit court to make certain personal decisions for an adult whom the court finds incapacitated.
• Conservator — appointed to handle some or all financial or property decisions.
• Full or limited — guardianship may be either. Limited guardianship preserves rights in areas where the person can decide independently or with support.
• A last resort — guardianship should be considered only after less restrictive alternatives have been reviewed.
• The court decides — the court, not the parent, determines whether guardianship is necessary and what authority the guardian will receive.

Families are encouraged to consider the least restrictive option that provides the support the person actually needs. Below is a comparison of common alternatives, from least to most restrictive.

Guardianship does not have to be filed, approved, or completed six months before the birthday.

Exact requirements can vary and should be confirmed with the local circuit court or a Virginia attorney. BridgeAbility does not provide blank or unofficial legal forms. Always use the current official Virginia Judicial System forms.

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The young person is the “respondent” in the court proceeding and has legal rights. These include:

• Receiving notice of the proceeding
• Attending and participating in the hearing
• Having an attorney
• Requesting a jury trial
• Presenting evidence and questioning witnesses
• Asking the court to preserve rights
• Being evaluated with appropriate accommodations
• Requesting that a guardianship later be changed, limited or terminated

Person-centered, respectful language should be used throughout. The young person’s preferences and abilities are central to every decision.

• A United States citizen who meets Virginia’s voter-eligibility requirements generally becomes eligible to register to vote at age 18.
• Having a disability does not automatically prevent someone from voting.
• Being placed under guardianship does not, by itself, automatically remove the right to vote.
• Under Virginia law effective July 1, 2026, a person may be disqualified from voting for lack of capacity only if a court makes a specific finding, supported by clear and convincing evidence, that the person lacks the capacity to understand the act of voting.
• Appropriate accommodations must be considered.
• The court’s guardianship order should state whether voting rights are retained or removed.
• Families and attorneys should explicitly discuss preserving the right to vote during the guardianship proceeding.
• If voting rights were removed previously, the person may be able to petition the court for review or restoration.

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Bring these questions to your consultation. They can help you understand whether guardianship is right for your family and what it will involve.

1. 1Does my family member need guardianship, or would a less restrictive option work?
2. 2Could limited guardianship meet their needs?
3. 3Which rights would the proposed order remove?
4. 4How can we preserve the right to vote?
5. 5What evaluation is required?
6. 6What will the complete process cost, including court, guardian ad litem and evaluation fees?
7. 7Do you offer pro bono, reduced-fee, sliding-scale or payment-plan services?
8. 8Can court costs be waived based on income?
9. 9How long does the process usually take in this circuit court?
10. 10What continuing duties and annual reports will the guardian have?
11. 11How can the guardianship later be modified or terminated?