Do you know the difference between an Advance Directive and a Power of Attorney? has extensive experience in family law, including, , and legal guardianship in Virginia. The following material is intended to answer basic questions you may have about establishing a guardianship or conservatorship. Guardianship, however, removes all of a person’s rights and should be considered only as a last resort, with emphasis placed on limiting the guardian’s powers to the extent possible. They can have a jury trial, and subpoena and cross-examine witnesses. },{ A guardianship is not always necessary. An individual (the “grantor”) may use a living trust to transfer money or property (the “trust property”) to a trustee who is then charged with managing that property for the benefit of the grantor and/or other beneficiaries as provided for in the trust document. A guardian is a person the courts will appoint to handle the general affairs of the incapacitated person. Guardians and conservators do not need to spend their own money to care for the incapacitated person. Guardians, Conservators, and Alternatives for Incapacitated Adults. In Virginia, when an individual reaches the age of majority (18 years old), that person is automatically granted the right to make his or her own decisions regarding healthcare, residence, finances, and other day-to-day needs. And most important: It is often unnecessary. This wide variety of tools, services, and programs that one can access and utilize in lieu of having a guardian and/or conservator appointed generally fall into two distinct categories, which are discussed in detail below. Additionally, it is important to note that a number of the alternatives discussed above must be created well before one may need a guardian and/or conservator. As such, and as provided for by statute in Virginia, the appointment of a guardian and/or conservator is one of last resort, with the “least restrictive alternative,” if any is available, being favored by courts. "@context": "https://schema.org", First, the principal must take extraordinary care and thought in choosing his/her agent and ought not name someone that s/he does not have great trust in. Follow Us National Resource Center for Supported Decision-Making. The petitioner must file the petition in the Circuit Court for the city or county the respondent lives in. Conservatorship. The Manassas Law Group, PC9255 Lee AvenueManassas, VA 20110703-361-8246Fax: 703-361-4171Manassas Law Office Map, by manassaslaw | December 30, 2019 | 0 comments. Alternatives to Guardianship or Conservatorship o Power-of-Attorney An Agent, also called an Attorney-in-Fact, is an individual given written authority, under a Power-of-Attorney, to make decisions and take action on behalf of another person (the principal). Informal arrangements with family and friends may be all that is necessary. Ellen A. Callegary, J.D. The living trust becomes effective as soon as it is created during the grantor’s lifetime, but it may indicate that the trust property is not to be transferred into the trust until the grantor becomes incapacitated, thereby allowing the grantor to retain control over the property so long as s/he is capable of doing so. A licensed psychologist will also prepare a report for the court. } ", Download a printable version of “Alternatives to Guardianship” In many cases, guardianship is absolutely necessary to protect the person from harm and to administer property that is in the person’s name. "text": "The court will not find the respondent to be incapacitated simply based on poor judgment. Anyone may file such a petition. All Rights Reserved. You can also arrange a consultation by filling out a quick form on our website. "acceptedAnswer": { "@type": "Question", The court should not give you a guardian if there are other ways to get you the help you need. Our attorneys have experience filing for and securing the appointment of Guardians and Conservators. There are, however, disadvantages to these statutes, including the fact that they are not useful when the patient either doesn’t have any family, or the family is in disagreement about the patient’s care and there is no clear majority opinion. The person for whom the courts appoint the guardian or conservator is the “incapacitated person”. For best practices, we encourage you to consider least restrictive alternatives first, prior to implementing full guardianship. West Virginia guardianship lawyer Anna M. Price of Jenkins Fenstermaker, PLLC is here to walk you through every step of adult guardianship proceedings. This allows an adult to take responsibility for the welfare of an individual without revoking any parental rights of the biological parents. }] The two serve similar purposes, but there are key differences. This includes their spouse, adult children, adult siblings, or parents. A durable power of attorney is a written document by which its creator (the principal) grants authority to an “agent” to act on his/her behalf – such authority can be general, allowing the agent to manage all of the principal’s property and finances, or special, granting the agent the authority to act in only certain specified instances. The most viable alternative to legal guardianship in Virginia is a durable power of attorney. Alternatives to Guardianship If your child will be turning 18 – the age of majority – in a few months, you may need to consider how you might support the decisions your son or daughter has to make as an adult. Chairman (The same letter of transmittal was sent to the President Pro Tempore of the … The court can also appoint a public defender to defend the respondent. While the guardianship and conservatorship roles meet various important needs, and provide care and assistance to those who are otherwise unable to adequately care for themselves, appointing a guardian and/or conservator often results in the substantial loss of an individual’s rights and liberties. Alternatives to Guardianship for Adults1 Revised October 2012 Issues to Consider before Pursuing Guardianship Guardianship is one option when a person has significant problems managing financial affairs or personal care. By Joan O’Sullivan, J.D. 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