Hillsville Guardianship and Conservatorship Lawyer
Guardianships and Conservatorships: Understanding the Basics
When a vulnerable adult is no longer able to manage their own affairs, it may be necessary to put a guardianship or conservatorship in place. In Virginia, guardianships and conservatorships are created by circuit courts. Their purpose is to give a trusted party the legal authority that they need to care for a vulnerable person. The individual for whom a guardianship/conservatorship has been established is referred to as an ‘incapacitated’ person. In Virginia:
- A legal guardian is an individual who is responsible for handling the affairs of the vulnerable person; and
- A conservator is an individual responsible for handling a vulnerable person’s financial resources.
In many, but not all, circumstances, the same person will serve as both the guardian and conservator. If you have any specific questions about your legal rights or how you can protect your loved one, please do not hesitate to call our Virginia guardianship and conservatorship attorneys for assistance. We are here to protect you and your family.
How to Obtain a Guardianship/Conservatorship in Virginia
Under Virginia law, any person has the right to file a petition seeking guardianship and/or conservatorship for an incapacitated person. Though notably, there are strict residency requirements regarding where such a petition must be filed—the alleged incapacitated person must be a legal resident of the Commonwealth of Virginia and any petition filed for them must be submitted in their home city or county. Once a petition has been filed, the circuit court will need to determine if guardianship and conservatorship are warranted given the specific circumstances. Filing a guardianship/conservatorship petition in Virginia is a complicated process. There are a number of different issues that must be addressed. If it is not done properly, you could get bogged down in court. The petition may even be rejected outright. In most cases, the key issue that the court must review is a medical report from a qualified doctor that will be used to determine if the person in question is actually incapacitated for the purposes of Virginia law.
Who Qualifies as a Person in Need of a Guardianship and Conservatorship
In Virginia, an incapacitated person is an adult who has been deemed incapable of managing their own affairs. In determining whether or not an elderly or vulnerable person fits this definition, courts will consider a person’s mental capacity to:
- Receive and evaluate information;
- Respond to people about events and their environment; and
- Act in a manner that allows them to care for their own health and safety.
Generally, older or other vulnerable adults who lack the ability to fully understand their surroundings and/or care for themselves on a basic level may warrant having a guardian and conservator appointed by a Virginia court.
Why Trust The Jackson Law Group
We understand the emotions and complexities that are involved in guardianship and conservatorship cases. Our lawyers always handle each and every client’s issues with the care, compassion, and sensitivity that their case deserves. We have extensive experience handling the full range of guardianship/conservatorship matters. Our Carroll County attorneys are prepared to take whatever action is necessary to protect you and your loved ones. Whether you are trying to navigate the process to put a guardianship and conservatorship in place for an elderly relative or you are involved in a complicated dispute, our legal team is ready to help.
Contact Our Hillsville, VA Guardianship and Conservatorship Attorneys Today
At The Jackson Law Group, our Virginia estate planning lawyers have the skills, training, and knowledge to represent clients in guardianship and conservatorship matters. If you need legal guidance, we are available to help. For a strictly confidential consultation, please contact us at (276) 200-5417. From our office in Hillsville, we serve communities in Carroll County and throughout the surrounding region. CONTACT OUR FIRM