How Do I Replace My Mother as Guardian for My Adult Brother?
Full Question:
Answer:
The guardian or conservator may petition the court to substitute the current guardian with a new one.
Please see:
http://www.vda.virginia.gov/pdfdocs/Guardbook.pdf
Please see the following VA statutes:
§ 37.2-1012. Petition for restoration, modification or termination;
effects. —
A. Upon petition by the incapacitated person, the guardian or
conservator, or any other person or upon motion of the court, the court
may declare the incapacitated person restored to capacity; modify the
type of appointment or the areas of protection, management, or assistance
previously granted or require a new bond; terminate the guardianship or
conservatorship; order removal of the guardian or conservator as provided
in § 26-3; or order other appropriate relief. The fee for filing the
petition shall be as provided in subdivision A 43 of § 17.1-275.
B. In the case of a petition for modification to expand the scope of a
guardianship or conservatorship, the incapacitated person shall be
entitled to a jury, upon request. Notice of the hearing and a copy of the
petition shall be personally served on the incapacitated person and mailed
to other persons entitled to notice pursuant to § 37.2-1004. The court
shall appoint a guardian ad litem for the incapacitated person and may
appoint one or more licensed physicians or psychologists or licensed
professionals skilled in the assessment and treatment of the physical or
mental conditions of the incapacitated person, as alleged in the
petition, to conduct an evaluation. Upon the filing of any other such
petition or upon the motion of the court and after reasonable notice to
the incapacitated person, any guardian or conservator, any attorney of
record, any person entitled to notice of the filing of an original
petition as provided in § 37.2-1004, and any other person or entity as the
court may require, the court shall hold a hearing.
C. Revocation, modification, or termination may be ordered upon a
finding that it is in the best interests of the incapacitated person and
that:
1. The incapacitated person is no longer in need of the assistance or
protection of a guardian or conservator;
2. The extent of protection, management, or assistance previously
granted is either excessive or insufficient considering the current need
therefor;
3. The incapacitated person's understanding or capacity to manage the
estate and financial affairs or to provide for his health, care, or
safety has so changed as to warrant such action; or
4. Circumstances are such that the guardianship or conservatorship is
no longer necessary or is insufficient.
D. If, on the basis of evidence offered at the hearing, the court finds
by a preponderance of the evidence that the incapacitated person has, in
the case of a guardianship, substantially regained his ability to care
for his person or, in the case of a conservatorship, to manage and handle
his estate, it shall declare the person restored to capacity and
discharge the guardian or conservator.
In the case of a petition for modification of a guardianship or
conservator-ship, if the court finds by a preponderance of the evidence
that it is in the best interests of the incapacitated person to limit or
reduce the powers of the guardian or conservator, it shall so order; if
the court finds by clear and convincing evidence that it is in the best
interests of the incapacitated person to increase or expand the powers of
the guardian or conservator, it shall so order.
The court may order a new bond or other appropriate relief upon finding
by a preponderance of the evidence that the guardian or conservator is
not acting in the best interests of the incapacitated person or of the
estate.
E. The powers of a guardian or conservator shall terminate upon the
death, resignation, or removal of the guardian or conservator or upon the
termination of the guardianship or conservatorship.
A guardianship or conservatorship shall terminate upon the death of the
incapacitated person or, if ordered by the court, following a hearing on
the petition of any interested person.
F. The court may allow reasonable compensation from the estate of the
incapacitated person to any guardian ad litem, attorney, or evaluator
appointed pursuant to this section. Any compensation allowed shall be
taxed as costs of the proceeding.
§ 37.2-1002. Who may file petition; contents. —
A. Any person may file a petition for the appointment of a
guardian, a conservator, or both.
B. A petition for the appointment of a guardian, a
conservator, or both, shall state the petitioner's name,
place of residence, post office address, and relationship,
if any, to the respondent and, to the extent known as of
the date of filing, shall include the following:
1. The respondent's name, date of birth, place of residence
or location, post office address and the sealed filing of
the social security number;
2. The names and post office addresses of the respondent's
spouse, adult children, parents, and adult siblings or, if
no such relatives are known to the petitioner, at least
three other known relatives of the respondent, including
step-children. If a total of three such persons cannot be
identified and located, the petitioner shall certify that
fact in the petition, and the court shall set forth such
finding in the final order;
3. The name, place of residence or location, and post
office address of the individual or facility, if any, that
is responsible for or has assumed responsibility for the
respondent's care or custody;
4. The name, place of residence or location, and post
office address of any agent designated under a durable
power of attorney or an advance directive of which the
respondent is the principal or any guardian, committee, or
conservator currently acting, whether in this state or
elsewhere, with a copy of any such documents, if available,
attached by the petitioner;
5. The type of guardianship or conservatorship requested
and a brief description of the nature and extent of the
respondent's alleged incapacity;
6. When the petition requests appointment of a guardian, a
brief description of the services currently being provided
for the respondent's health, care, safety, or
rehabilitation and, where appropriate, a recommendation as
to living arrangement and treatment plan;
7. If the appointment of a limited guardian is requested,
the specific areas of protection and assistance to be
included in the order of appointment and, if the
appointment of a limited conservator is requested, the
specific areas of management and assistance to be included
in the order of appointment;
8. The name and post office address of any proposed
guardian or conservator or any guardian or conservator
nominated by the respondent and that person's relationship
to the respondent;
9. The native language of the respondent and any necessary
alternative mode of communication;
10. A statement of the financial resources of the
respondent that shall, to the extent known, list the
approximate value of the respondent's property and the
respondent's anticipated annual gross income, other
receipts, and debts;
11. A statement of whether the petitioner believes that the
respondent's attendance at the hearing would be detrimental
to the respondent's health, care, or safety; and
12. A request for appointment of a guardian ad litem.