Guardianship and Conservatorship for Adults in Virginia
Virginia law provides a framework for guardianship (person) and conservatorship (property) of incapacitated adults. Governed by Virginia Code § 64.2-2000 et seq., the process requires clear and convincing medical evidence of incapacity. Mir & Bashir, LLC offers legal services to guide you through the complexities of establishing guardianship or conservatorship, ensuring the rights and well-being of the incapacitated adult are protected.
Types of Guardianship
- Guardianship of a Minor: Similar to Maryland, this type involves appointing a guardian to make decisions regarding the child’s welfare, education, and healthcare.
- Guardianship and Conservatorship of an Adult:
- Guardianship (Person): Manages personal and healthcare decisions for adults unable to make such decisions themselves.
- Conservatorship (Property): Manages the financial affairs of an incapacitated adult, overseeing income, expenses, and assets.
Relevant Statutes
- Guardianship of Minors
- Virginia Code § 64.2-1700 et seq.:
- Governs the appointment of guardians for minors, emphasizing the ideal interests of the child and the need for court approval.
- Virginia Code § 64.2-1700 et seq.:
- Guardianship of Adults
- Virginia Code § 64.2-2000 et seq.:
- Provides the statutory framework for both guardianship (of the person) and conservatorship (of the property). Requires medical evidence to demonstrate incapacity.
- Virginia Code § 64.2-2000 et seq.:
- Guardianship of the Person
- Virginia Code § 64.2-2009:
- Details the powers and duties of a guardian of the person, including decisions about personal care, medical treatment, and living arrangements.
- Virginia Code § 64.2-2009:
- Conservatorship
- Virginia Code § 64.2-2021:
- Outlines the role and responsibilities of a conservator in managing the financial affairs of an incapacitated adult.
- Virginia Code § 64.2-2021:
Case Law
- Lewis-Gale Medical Center, LLC v. Alldredge, 281 Va. 141 (2011):
- Emphasized the necessity of clear and convincing evidence for appointing guardianship over an adult, highlighting the protection of individual rights.
Guardianship Process
- Petition Filing: Interested parties file a petition with the circuit court, providing evidence of incapacity for adults and detailing the reasons for guardianship.
- Evaluation: An evaluation by a physician or psychologist is usually required to confirm an adult’s incapacity.
- Hearing and Decision: A court hearing evaluates the necessity of guardianship, considering the ideal interests of the minor or the need for adult guardianship.
Frequently Asked Questions
What is the difference between guardianship and conservatorship in Virginia?
Guardianship covers decisions about an incapacitated adult’s personal and healthcare matters. Conservatorship manages the financial affairs, including income, assets, and expenses. Both require court approval and are governed by the Virginia Code.
How is guardianship or conservatorship established for an adult in Virginia?
A petition must be filed in circuit court, along with clear medical evidence showing incapacity. The court reviews the petition, hears testimony, and decides if guardianship or conservatorship is needed to protect the adult’s interests.
What evidence is needed for guardianship of an incapacitated adult?
Virginia law mandates clear and convincing medical testimony, usually from a doctor or psychologist. Evidence must show the adult cannot manage their affairs or make personal decisions independently.
Who can serve as guardian or conservator in Virginia?
Interested parties, such as family members or professionals, can petition for appointment. The court selects someone who can act in the interests of the minor or incapacitated adult, based on statutory criteria.