A guardianship or conservatorship is needed when an “incapacitated person” has either failed to execute a Durable Power of Attorney or Advanced Medical Directive (typically consisting of a Healthcare Power of Attorney with a Living Will) prior to their incapacity or upon a mentally-disabled child attaining the age of 18 and a legal guardian or conservator is necessary.
Before we file a guardianship case in Circuit Court, we first look for alternatives. First, a doctor’s examination may be needed to ensure the person cannot execute a Power of Attorney. If the person’s only income is a government check or a public benefit, a Representative Payee may be named to avoid the conservatorship. That could potentially save thousands of dollars over the years in insurance premiums on surety bonds.
If no alternative is available, our office has years of experience in guardianship actions. While most are relatively straight-forward, we also have experience in contested guardianships.
Attorney Robert W. Haley is certified by the Virginia Supreme Court as an approved Guardian ad Litem. In that capacity, Mr. Haley represents the best interests of the potential ward, investigates the case and reports to the Judge of the Circuit Court.
For a more detailed breakdown of what an Adult Guardianship entails, please check out the video provided by the Area 10 Agency on Aging in the link below for more information. It goes into more detail on what a Guardianship is, including how it works and the process for creating a Guardianship.
After you have been appointed Guardian and Conservator by the court over someone, there is still more to be done! The next link that follows addresses important things you need to be aware of after those court proceedings have taken place that you will be responsible for.
If you have any additional questions, contact us to schedule an appointment.