There may come a day when an adult isn’t able to make decisions on their own. Some adults may have powers of attorney designations in place for people to make their health care and financial decisions. If there’s no power of attorney in place, an adult guardianship is necessary.
An adult guardianship gives the guardian the legal right to make decisions for the incapacitated adult. When an adult guardianship is established, the court will issue specific limitations and requirements for the arrangement.
How is a guardianship established in Virginia?
To begin the process, a petition is filed in the circuit court of the county or city where the respondent lives. The court then appoints a guardian ad litem—an attorney tasked with representing the respondent’s best interests during the case. A medical evaluation must be submitted to provide evidence of the person’s incapacity.
After a formal hearing, if the court finds that the adult is unable to make informed decisions and no suitable alternatives exist, it may appoint a guardian. This can be a family member, friend, or even a professional guardian. The court will define the scope of the guardian’s authority, which could be full or limited, depending on what the individual still has the capacity to do.
Guardians are required to file reports with the Virginia Department of Social Services and must follow state laws when making decisions. The court may also revisit the case in the future if circumstances change.
The duties of a guardian should be taken seriously, and this is a legal arrangement that should only occur if absolutely necessary. Working with someone familiar with this process and compliance with applicable laws may make the process a bit less stressful.
