Guardianship in Virginia: New Training Requirements for 2025
Guardianship plays a critical role in safeguarding the interests of incapacitated individuals in Virginia. The Commonwealth has recently introduced comprehensive training requirements for guardians, aiming to increase accountability and ensure the highest level of care and advocacy for those unable to manage their own affairs. Here’s what you need to know about the updated regulations and how they affect both new and current guardians.
What Is Guardianship in Virginia?
Guardianship is a legal arrangement in which an individual (the guardian) is appointed by the court to make personal and/or healthcare decisions for an incapacitated person (the ward). Incapacitated individuals are defined as those who are unable to manage their own care or make responsible decisions due to conditions such as dementia, disability, or mental health issues.
New Statewide Guardian Training Requirements
In line with the state’s efforts to improve the quality and oversight of guardianship, the Department for Aging & Rehabilitative Services (DARS) now mandates guardian training for individuals appointed to this vital role. As of July 2025, the training is required for all newly appointed guardians, as well as for those already serving in the capacity.
Training Deadlines
The deadline for completing the required training depends on the date of the guardian’s appointment:
- Appointed Prior to July 1, 2025: Training must be completed by January 1, 2027.
- Appointed On or After July 1, 2025: Training must be completed within 120 days of appointment.
There is currently no requirement to recertify for continuing guardianships. However, if a guardian receives a new guardianship appointment, they will be required to complete the training again if it has been more than 36 months since their last certification.
How to Complete the Training
The training is available online and begins by filling out a registration form. Each time a guardian wishes to access the training, the form must be completed. The program takes approximately 60 minutes to complete and should ideally be finished in one session to ensure progress is not lost. Upon completion, participants receive a certificate, which should be saved for personal records.
Reporting and Documentation
In addition to the training, guardians must accurately report their completion status when submitting the “Report of Guardian for an Incapacitated Person” (the annual report), which was updated on July 1, 2025. This form now includes a section to indicate whether the required training has been completed, either by the guardian or by any skilled professional involved in the ward’s care.
Additional Resources and Support
The Department for Aging & Rehabilitative Services provides several helpful resources for guardians and skilled professionals. The information is freely accessible and is not required as part of the official Guardian Training. For questions or assistance, guardians are encouraged to contact the Guardian Training Program Coordinator via phone or email as listed on the DARS website.
By updating its guardian training requirements, Virginia demonstrates a commitment to supporting its most vulnerable citizens and enhancing the quality of guardianship services across the Commonwealth. Whether you’re considering becoming a guardian or are currently acting in this capacity, it is crucial to stay informed of these evolving standards and comply with training deadlines to ensure continued effective and compassionate service.
You may find all of this information and more on the DARS website here.
Mason T. Smith
757-399-7506 | 252-722-2890
msmith@hooklaw.net
Mason T. Smith joined Hook Law in 2023. His practice areas include wealth transfer planning, long-term care planning, tax planning, and elder law. Mason is a graduate of the University of Richmond School of Law, where he focused on resolving issues related to taxation, estate planning, and corporate governance through coursework and internships with Dominion Energy and the US Commodity Futures Trading Commission. During this time, Mason was awarded the CALI Award for Excellence in Estate & Gift Tax.
Before beginning his legal education, Mason earned a Master of Social Work from the University of South Carolina. During this time, he provided guidance and counseling to at-risk youth, worked with Medicaid to secure funding of in-home care for foster children, and helped to protect the legal rights of persons with disabilities living in community care facilities. In this role, Mason completed extensive Social Security Administration training to receive federal security clearance. He now leverages this experience in his legal practice, focusing on specials needs planning and long-term care.
Mason is also a veteran of the US Army, where he served as a musician. He played the French Horn in the band at Fort Jackson, SC, performing in ceremonies, graduations, and parades across the Southeast.
Currently, Mason resides in Virginia Beach, Virginia. In his free time, he continues to play the French horn in community bands throughout the Hampton Roads area.
