Appointing a guardian for an adult loved one can be a smooth process if approached correctly. While it might seem complicated, understanding the key steps can make the process straightforward.
However, there are factors that could complicate the process, and knowing how to bypass them can save your family time and stress.
Prepare evidence of incapacity
The first and simplest step is determining if the adult loved one, referred to as the respondent, is legally incapacitated. In Virginia, incapacity means that a person cannot make or communicate responsible decisions about their health, finances or personal matters. This often stems from conditions like dementia or mental illness. Failing to gather the necessary medical documentation to prove incapacity can delay the process. To keep things simple, prepare medical evaluations ahead of time and be ready to present the findings to the court.
Involve the family in the decision
Next, you must file a petition with the circuit court in the county where the respondent lives. This petition nominates a guardian and outlines why guardianship is necessary. Complications may arise if there is family disagreement about who to appoint. There should be open communication between family members and, ideally, a unanimous decision about who will be the appointed guardian.
Prepare for the hearing
After receiving the petition, the court will schedule a hearing. The judge will review the respondent’s condition and the proposed guardian’s suitability. If there is any uncertainty about the guardian’s suitability, the court may ask for additional documentation. To bypass this the proposed guardian should bring any relevant background checks, references or supporting documents.
The process of appointing a guardian in Virginia is relatively straightforward in most cases. Even so, complications can hinder the proceedings and cause stress or anxiety for everyone involved. The simplest way to appoint a guardian for an adult loved one is to make all reasonable preparations ahead of time so the process can proceed smoothly once underway.
