Guardianship and Conservatorship
Concerned about a loved one’s decision-making? Our Certified Elder Law Attorney will guide you through guardianship and conservatorship.
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Understanding Guardianship and Conservatorship in Virginia
In Virginia, guardianship and conservatorship are legal arrangements designed to protect incapacitated adults. A guardian assumes the responsibility for the personal affairs and healthcare decisions of an incapacitated individual, while the conservator assumes responsibility for the management of financial matters and property.
The Virginia Guardianship Process
In Virginia, the process of establishing guardianship begins with filing a petition in the circuit court of the county or city where the allegedly incapacitated person resides, resided prior to admission into a healthcare facility, or where they are currently located. This petition, typically filed by a family member or interested party, must detail the reasons why guardianship is necessary. Once filed, the court appoints a guardian ad litem – an attorney who acts as an independent investigator to protect the interests of the allegedly incapacitated person. The guardian ad litem will meet with the individual, review medical records, and speak with family members and other interested parties to assess the situation.
In addition to the petition, a medical evaluation is filed relating to the person's capacity. This evaluation is crucial in providing the court with professional insight into the individual's mental and physical state. After the guardian ad litem completes their investigation and the medical evaluation is submitted, a hearing is held where evidence is presented to support or contest the need for guardianship.
If the court determines that guardianship is necessary, it will issue an order appointing a guardian and/or conservator. The court aims to tailor the guardianship to the specific needs of the individual, potentially limiting the guardian's powers to only those areas where the person needs assistance. Once appointed, the guardian must file an initial report with the court and then annual reports thereafter, detailing the ward's condition and care. If a conservator is appointed to manage finances, they must file a detailed inventory of the ward's assets within four months of appointment and annual accountings thereafter.
It's important to note that the guardianship process in Virginia is designed to be thorough and protective of the individual's rights. The court continually oversees the guardianship, and modifications can be made if the ward's condition changes. This ongoing oversight ensures that the guardianship continues to serve the best interests of the incapacitated person while preserving as much of their autonomy as possible.
Contact Our Virginia Elder Law Attorney Today
Don't navigate Virginia's complex guardianship laws alone. Contact East Coast Elder Law, PLLC for guidance tailored to your family's needs.
