When an adult objects to a guardianship petition, the process usually becomes more involved. Virginia courts take contested guardianship cases seriously because guardianship can affect a person’s control over daily life, including decisions about health care, housing and personal care.
What you must prove in court
To obtain guardianship over an adult who does not consent, you generally need evidence showing that guardianship is legally justified under Virginia law, including proof of capacity and the need for a guardian:
- Inability to decide: The person may be unable to make or communicate informed decisions about important personal matters.
- Clear need: A guardian may be necessary to reduce the risk of harm or neglect.
- No other options: Less restrictive alternatives, such as a power of attorney or an advance medical directive, are unavailable or not enough.
Showing that no less restrictive option is available is often one of the hardest parts of the case.
How Virginia protects the adult’s rights
When an adult fights a guardianship petition, Virginia courts use several protections:
- A court-appointed representative: Virginia courts commonly appoint a guardian ad litem to review the case and report to the court.
- Their own lawyer: The adult has the right to hire an attorney to contest the petition. If the adult cannot afford an attorney or asks for one, the court may appoint counsel if Virginia law allows it in that case.
- Medical evidence: The court may require medical evidence from a doctor or psychologist about the person’s condition.
- A formal hearing: The adult must receive notice of the hearing, has the right to attend and may present evidence or cross-examine witnesses.
These protections show how seriously Virginia courts treat contested guardianship cases.
Taking the next step in a contested guardianship case
Getting guardianship over an adult who objects is often difficult. Courts weigh the person’s safety against personal freedom. If you are considering this step in Virginia, it helps to understand the available alternatives and gather the right documentation early.