A guardianship or conservatorship is needed when an “incapacitated person” has either failed to execute a Durable Power of Attorney or Advanced Medical Directive (typically consisting of a Healthcare Power of Attorney with a Living Will) prior to their incapacity or upon a mentally-disabled child attaining the age of 18 and a legal guardian or conservator is necessary.
Before we file a guardianship case in Circuit Court, we will first look for alternatives. First, a doctor’s examination may be needed to ensure the person cannot execute a Power of Attorney. If the person’s only income is a government check or a public benefit, a Representative Payee may be named to avoid the conservatorship. That could potentially save thousands of dollars over the years in insurance premiums on surety bonds!
If no alternative is available, our office has years of experience in guardianship actions. Worth noting that, when required, Attorney Charles Graves Anthony, III, is certified by the Virginia Supreme Court as an approved Guardian ad Litem. In that capacity, he represents the best interests of the potential ward, investigates the case and reports to the Judge of the Circuit Court.
With regards to the court process, and for a more detailed breakdown of what an Adult Guardianship entails, please check out the video provided by the Area 10 Agency on Aging in the link below for more information. It goes into more detail on what a Guardianship is, including how it works and the process for creating a Guardianship: Adult Guardianship: What You Need To Know
After you have been appointed Guardian and Conservator by the court over someone, there is still more to be done! This link that follows addresses important things you need to be aware of after those court proceedings have taken place that you will be responsible for: You've Been Appointed Guardian and Conservator: What Happens Next?
Training: Did you know that the Virginia General Assembly passed legislation in 2024 requiring all Virginia guardians to complete training? This was developed by the Department for Aging & Rehabilitative Services (DARS) on the following topics:
- the responsibilities and duties of guardians
- how to complete annual guardianship reports
- how to involve and encourage participation of incapacitated adults in decisions made by such guardians
- medical advocacy and decision-making on behalf of other persons
You can check out the following link for more information on this required training process: Virginia Guardian Training
If you have any additional questions, contact us to schedule an appointment.