Legal protections are necessary for members of society who cannot care for themselves. This is true even for people who have entered adulthood. Some examples might include those with incapacitating physical injuries or psychological disorders.
If your loved one does not have the capacity to care for themselves, they may benefit from guardianship. Becoming a guardian in Virginia Beach is not a complex process, but the court will only award this position when there is evidence it is necessary. A dedicated guardianship attorney can help you show a judge why this is the best outcome for your loved one.
Differences Between Guardianships and Conservatorships
Both guardians and conservators are appointed by the court to have legal authority over someone else. This is done when that individual is unable to make important decisions on their own. The difference between the two options is limited to the types of issues that come up.
Guardians are appointed solely to address their ward’s personal affairs. This includes making non-financial decisions related to someone’s healthcare, safety, or education. Conservators are exclusively responsible for financial matters, including investing any assets they might have and paying bills. It is common for the same individual in Virginia Beach to become a guardian and conservator for a single person.
The Application Process
The first step towards becoming a guardian is filing a petition with the appropriate circuit court in Virginia Beach. The proposed ward must be a Virginia resident, and the petitioner has to state in writing that they need the support of a guardian to manage their affairs. At this stage, the person who purportedly needs protection is known as the respondent.
A judge will not make a decision based solely on what is written in the petition. Instead, they will appoint a Guardian Ad Litem (GAL), which is a neutral party tasked with investigating the issue and reporting back to the court. The respondent also has the right to hire their own legal counsel at this point.
Once the respondent is formally notified of the proceedings, the judge will schedule a hearing. Both sides will have the chance to be heard, and the court will take into account the report from the GAL before making a decision.
If the judge sides with the petitioner, their attorney will be tasked with writing up a proposed Order of Appointment naming the guardian. Once this document is signed, the respondent is officially a ward.
These rights can last indefinitely, but that might not be for the rest of a person’s life. A ward could eventually secure the return of their legal capacity either in full or partially. For example, they might be allowed to take over certain decisions about their living arrangements while still requiring the assistance of a guardian when it comes to healthcare decisions.
Anyone can petition the court for the return of their rights. A judge will ultimately decide if they are no longer incapacitated.
Talk to an Attorney in Virginia Beach About Becoming a Guardian
There are few things in life more difficult than seeing a beloved family member unable to care for themselves. Some situations make it necessary to seek help—either temporarily or for the rest of their lives. If you have questions about becoming a guardian in Virginia Beach, now is the time for a private consultation. Contact Parks Zeigler, PLLC, to learn more about this process.
