Choosing to be a guardian for your loved one is a big step. It is completely natural for you to feel lost in a sea of questions and doubts. Learning how guardianship works in Virginia can quickly clear up some of that confusion.
What do guardian and ward mean?
In simple terms, a guardian is someone who takes care of the personal affairs of a loved one who is not capable of doing so themselves. Meanwhile, the person under guardianship is called the ward. Usually, the circuit court appoints the guardian, entrusting them with the responsibility of making daily decisions for the ward.
When does an adult require a guardian legally?
If an adult is proven to be incapable of looking after their health, safety and daily needs on their own, they may require a guardian.
Who is eligible to be a guardian?
According to Virginia law, any person or organization may file a petition for guardianship. However, the court generally looks for someone who will encourage the ward’s independence and respect their wishes and values. If the petitioner is untrustworthy or incapable of caring for the ward, the court might deny guardianship.
Who is not eligible to be a guardian?
Keeping the welfare of the ward in mind, the court may restrict the guardianship for certain individuals. These can include:
- An attorney representing the petitioner or those who have represented the petitioner within the last three years
- A person under the age of 18
- A person who is declared incapacitated by the court
In the case of an attorney representing the petitioner, the court may give an exception if it finds good cause to do so.
What is the difference between a guardian and a conservator?
Simply put, a guardian handles the person, while a conservator handles the money. The guardian makes sure the ward is safe, healthy and cared for daily, whereas the conservator manages their bills, assets and bank accounts.
How can you obtain guardianship?
If you are looking to obtain a guardianship, you should file a petition in the circuit court of the city in which the ward lives or previously lived before moving to a nursing home. Because guardianship can be complex, legal guidance may help family members understand the process better.