How Do I Become Guardian for My Mother in Virgina?
Full Question:
Answer:
A guardianship is a legal relationship created when a person or institution named in a will or assigned by the court to take care of minor children or incompetent adults. To establish a guardianship, a petition is typically filed in state court where the ward lives. This petition usually names the potential guardian and provides information about the parties' relationship (if any) and usually any pertinent information about the heirs or estate of the ward. In the case of an adult ward, if mental incapacity is the reason for the petition, medical documentation should accompany the filing. Notice of the time and place of the hearing is given to the potential ward and other persons specified by statute. The documents are served on the interested parties at which point the proposed ward or his or her relatives can object to the guardianship request. A hearing is held. If the court finds sufficient evidence to order the guardianship, it may issue subsequent orders, which govern the relationship and the guardian's actions. The court may appoint a guardian if it finds the person is incapacitated and the appointment is necessary to provide continuing care and supervision of the person. Incapacity can result from any number of conditions, including, but not limited to mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of alcohol or other drugs. Essentially, the court must be convinced that the individual lacks sufficient understanding or capacity to make or communicate responsible decisions. A guardian must submit written reports to the court according to the court's orders and the law of the jurisdiction in which the guardianship takes place. If a guardianship is contested, the court may appoint a disinterested third party to investigate and make recommendations. Usually called a guardian ad litem, this person evaluates both the necessity for a guardianship, and the appropriateness of the proposed guardian. The ward may also hire separate legal counsel. If the proposed ward is indigent, the court sometimes appoints counsel.
For further information, please see:
http://www.courts.state.va.us/courtadmin/aoc/cip/programs/gal/adult/guardian_conserv_proceedings.pdf
Please see the following VA statutes:
§ 37.2-1001. Filing of petition; jurisdiction;
instructions to be provided. —
A. A petition for the appointment of a guardian or
conservator shall be filed with the circuit court of the
county or city in which the respondent is a resident or is
located or in which the respondent resided immediately
prior to becoming a patient, voluntarily or involuntarily,
in a hospital, including a hospital licensed by the
Department of Health pursuant to § 32.1-123, or a resident
in a nursing facility or nursing home, convalescent home,
assisted living facility as defined in § 63.2-100, or any
other similar institution or, if the petition is for the
appointment of a conservator for a nonresident with
property in the state, in the city or county in which the
respondent's property is located.
B. Where the petition is brought by a parent or guardian of
a respondent who is under the age of 18, the petition may
be filed no earlier than six months prior to the
respondent's eighteenth birthday. Where the petition is
brought by any other person, the petition may be filed no
earlier than the respondent's eighteenth birthday.
C. Instructions regarding the duties, powers, and
liabilities of guardians and conservators shall be provided
to each clerk of court by the Office of the Executive
Secretary of the Supreme Court, and the clerk shall provide
that information to each guardian and conservator upon
notice of appointment.
D. The circuit court in which the proceeding is first
commenced may order a transfer of venue if it would be in
the best interest of the respondent.
§ 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.