Guardianship Laws in Virginia

Q: My brother needs a guardian and curator and I would rather not be that person, do I have any options? A: Before deciding to become a tutor or conservator, it is important to understand the duties and responsibilities of each role. These can be time-consuming, so it`s important to be honest with yourself about the time, energy, and skills you need to take on this role. It is also important to consider the impact that this guardianship or curatorial role will have on your relationship with your loved one. A tutorship or curatorship may be terminated or modified if the condition of the disabled person changes. This requires another application and a hearing before the district court. What are the alternatives to guardianship or conservatory? One. At the request of the incapable person, tutor or curator, or any other person, or at the request of the court, the court may: (i) declare the disabled person capable again; (ii) change the nature of the appointment or the areas of protection, management or support previously granted, or require a new loan; (iii) terminate tutorship or curatorship; (iv) order the removal of the tutor or curator in accordance with § 64.2-1410; or (v) order other appropriate corrective measures. The application fee is governed by § 17.1-275 subsection A 42. In these circumstances, if the parents have not appointed a legal guardian for their minor child, the child may enter the foster care system. Legal guardianship, especially by a parent of the child, is generally preferred to foster parents: research shows that children who live with parents are more likely to enjoy their living situation and feel loved/cared for and have fewer behavioral problems than children placed in state-foster care with non-parents. An adult guardianship or curatorship is created when a U.S. District Court in Virginia determines that a person is incapable of managing their own personal or financial affairs and appoints a guardian and/or curator for that person. Q: Do I have to become their guardian and/or curator? A: It is important to remember that guardianship deprives an individual of all rights.

These include the right to vote, the right to marry, the right to sign contracts, the right to make medical decisions, and the right to rent an apartment. Therefore, it is important to ask yourself what you want to expect when you or an agency becomes a tutor. For best practices, we recommend that you first consider the least restrictive alternatives before implementing full guardianship. D. The court shall make an interim order granting an application for transfer of guardianship and order the guardian to file an application for guardianship in the other State if the court is satisfied that the guardianship is accepted by the court of the other State and the court finds that: Legal guardianship is not the same as adopting a child. Assuming that the child`s biological parents are still alive and accept guardianship arrangements (i.e. custody is not revoked as an inappropriate parent), their parental rights are generally not revoked. They often still have the right to participate in the decisions of a parent or guardian on behalf of the child, even if they are not physically present. In this case, the child`s biological parents can still participate in the child`s financial affairs, including the administration of the child`s estate. “1. Pursuant to Section 64.2-2009 of the Virginia Code, ____ (name of guardian) hereby becomes the guardian of ____, whether the appointment of a guardian is full guardianship, public guardianship under section 64.2-2010 of the Virginia Code, limited guardianship under section 64.2-2009 of the Virginia Code, or temporary guardianship; and the length of the appointment).

The final order accepting the transfer of a tutorship or curatorship includes a determination as to whether the tutorship or curatorship must be modified to comply with Commonwealth laws. “Guardian ad litem” means a lawyer appointed by the court to represent the interests of the defendant, whose duties include considering the application for guardianship or curatorship and submitting a report to the court in accordance with article 64.2-2003. B. If a court of another State in which guardianship or protection proceedings are pending requests assistance of the type provided for in subsection A, a Commonwealth court shall have jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with it. Taking legal guardianship of a minor child whose parents live abroad is not an uncommon scenario here in Virginia. The court documents and procedure are pretty much the same. However, in your application and in the biological parents` consent form, you must specifically consider the circumstances in the parents` country of residence that make it dangerous or inappropriate for the minor child to live there. You may also need to submit additional documents if the court requires it. Legal guardianship is a very common family law issue in Virginia. When a person is appointed as a legal guardian, they have the legal authority and responsibility to act in the best interests of another person on behalf of that person.

While you may be trying to become the legal guardian of an adult child or parent who is unable to work or unable to make legal decisions for themselves, this article focuses on the process of applying for guardianship for a minor child. Here`s what you need to know about legal guardianship in the Commonwealth of Virginia. Q: I have considered all the alternatives and I think I should proceed with either full tutorship or limited tutorship and/or curatorship. A: To proceed, an application must be sent to your local court. This is done after consultation with a lawyer. You can consult a lawyer yourself or ask the person`s case officer if they have resources to help you with this process. D. The court shall declare the person unfit for reinstatement and revoke the tutor or curator if, on the basis of the evidence presented at the hearing, it finds, by predominance of the evidence, that the disabled person has substantially regained his or her capacity (i) to care for him or her in the case of tutorship or (ii) to administer and administer his or her estate in the case of a curatorship. *Uncontested guardianship cases mean that all living biological parents support the appointment of a legal guardian for their child.