Some adults don’t have the mental capacity to make decisions on their own. This makes it impossible to manage their own personal affairs. This could be the result of advanced age, disability or illness.
Guardianship enables the court to allow someone to make decisions on behalf of the incapacitated individual. This is done to ensure that the individual’s health, safety and well-being. This is typically considered a last resort, so the court must determine that the adult meets the legal definition of incapacitation. The court must also determine if there are any less restrictive alternatives, such as advanced medical directives or powers of attorney, that could be used instead of guardianship.
2 forms of guardianship
Virginia recognizes two distinct forms of guardianship. The first is guardianship, which involves medical decisions. The other is conservatorship, which involves financial decisions. The court can appoint one person to handle both or it can appoint a different individual for each.
The powers the court approves can be full or limited. Full rights mean the person makes all decisions for the incapacitated individual. Limited rights mean that the court sets specific limits about what decisions the person can make.
Guardianships and conservatorships are closely monitored by the court. This is because there’s a significant risk of misuse, neglect and abuse. Adult guardianship can be a valuable tool to protect individuals who are vulnerable, but only if it’s used properly.
Anyone who’s concerned about their loved one’s ability to make decisions on their own should learn about the guardianship process. Working with someone who’s familiar with this process may be beneficial.
