The guardian ad litem must file a report and come to the hearing to advise the court whether or not the respondent needs a guardian or conservator, the extent of the duties and powers the guardian or conservator should have, and who should be appointed guardian and/or conservator.Ī report evaluating the medical condition of the respondent must be filed with the court. The guardian ad litem must visit the respondent, advise him of his rights, and investigate the facts stated in the petition. However, this attorney does not represent the respondent, rather she will tell the court what she thinks is best for the respondent. This is an attorney who represents the interests of the respondent. The court must appoint a guardian ad litem. He has the right to hire a lawyer to represent him and if he cannot afford to pay a lawyer, he may ask the court to appoint a lawyer for him to be paid as part of the costs of the proceeding.Ī copy of the notice of hearing and petition must be mailed to the respondent's spouse, adult children, parents, and adult siblings, or at least three other known relatives if none of these relatives are known. The respondent has the right to be present at the hearing, have a jury trial, and to subpoena and cross-examine witnesses. The respondent must be given a copy of the petition that has been filed, notified of the hearing, and advised of her legal rights. How does the law protect the rights of the person that is alleged to need a guardian? The petition must be filed in the Circuit Court for the city or county in which the respondent lives or where he lived immediately prior to moving to a nursing home, assisted living facility or other institution.Īfter the petition is filed, a hearing will be scheduled for the court to hear evidence as to why a guardianship and/or conservatorship is necessary and who should be appointed if it is necessary. The person alleged to be incapacitated in the petition is called the respondent. What is the process for appointing a guardian or conservator?Īny person may file a petition with a Virginia Circuit Court alleging that there is an incapacitated Virginia resident who needs to have a guardian or conservator appointed to manage some or all of his affairs. The guardian and conservator may be the same person. The person for whom a guardian or conservator is appointed is called the incapacitated person.Ī guardian is the person appointed to handle the affairs of the incapacitated person.Ī conservator handles the financial affairs of the incapacitated person. What is an adult guardianship or conservatorship?Īn adult guardianship or conservatorship is created when a Virginia circuit court determines that a person is unable to manage his or her own personal or financial affairs and appoints a guardian and/or conservator for that person.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |