Only The Court Can Grant A Guardianship

Guardianship is a legal, court-ordered relationship in which one individual becomes the substitute decision maker for another. It can be created only by a court of law. The court determines the incapacity of the person involved and appoints a substitute decision maker to meet the needs and protect the rights of the incapacitated person. The term incapacitated has a legal definition under Virginia law. It has been defined by statute to mean a person (usually an adult) who has been found by a court to be incapable of understanding information necessary to care for themselves. In addition, the person must be found to lack the capacity to maintain his or her health and safety and/or to manage his or her property and financial affairs without the assistance of a guardian or conservator.

A guardian has broad decision-making authority regarding health and financial determinations. A guardian’s authority can be determined by the extent of the incapacitation of the individual in question and by Virginia law. Dickerson & Smith Law Group estate planning attorneys are skilled and experienced in petitioning the court for guardian appointments and assisting clients as they navigate through this process. Call 757-828-0031 today or contact us online for an appointment.