A guardianship or conservatorship is needed when an “incapacitated person” has either failed to execute a durable Power of Attorney or Advanced Medical Directive 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.
Attorneys Robert W. Haley and Laura E. Frazier have both been certified by the Virginia Supreme Court as approved Guardian ad Litems. In that capacity, both Mr. Haley and Mrs. Frazier represent the best interests of the potential ward, investigate the case and report to the Judge of the Circuit Court.
For a more detailed breakdown of what an Adult Guardianship entails, please check out the video 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. If you have any additional questions, contact us to schedule an appointment.