Everyone hopes they are able to deal with their own legal matters and personal care as they age. Unfortunately, this isn’t always possible. In fact, many times, people become unable to continue caring for themselves after developing a disease or simply due to aging. When this happens, adult guardianship can be a legal tool that allows others to step in and help.
How Adult Guardianship Works in Virginia
In Virginia, as in all states, there are laws that allow adults to be cared for legally and physically by others when their ability to do so for themselves comes into question. In Virginia, when someone is deemed incapable of taking care of their own finances or physical needs any longer, the circuit court will appoint another person to manage the individual’s personal and/or financial affairs. This appointed person is either called the guardian or the conservator of that person. The individual deemed unable to take care of themselves is labeled by the court as incapacitated.
How a Person is Appointed Guardianship
When a person feels their loved one or any other Virginia resident for that matters is in need of a guardian, they can file a petition with the Virginia Circuit Court. The petition should be filed in the county or city where the person resides currently or did prior to being transferred for medical care, such as a nursing home. Once the petition has been filed with the court, there will be a hearing. This is when evidence is presented that should prove the person needs a guardian. The person considered incapacitated or the respondent has the right to be present and should know what is going on via notices. The court will then appoint a conservator or guardian for the incapacitated individual.
Seeking Legal Help For Adult Guardianship
Adult guardianship serves a very real need when a person becomes unable to physically or mentally take care of themselves. Therefore, if you are seeking guardianship to take care of your family member or friend, you need legal guidance from a family law attorney like David B. Bice, P.C. to ensure your case is well presented. You don’t want to go about the issue in a disrespectful way, but in a loving, open-minded method where your end goal is to provide much-needed help. Call us today to learn more about adult guardianship cases.