Virginia Beach Adult Guardianship Attorneys

Comprehensive Support for Virginia Beach Elder Guardianship

TrustBuilders Law Group is dedicated to using our extensive legal knowledge and resources to help clients obtain guardianship of seniors to ensure that their quality of care, assets, and legacies are all protected.

Guardianship (also called a conservatorship) is a legal arrangement that places an individual (also called a ward or protected person) under the supervision of a guardian or custodian. A protected person can be a senior who is no longer able to make safe and sound decisions about their well-being or property, or who is prone to fraud or undue external influence.

There are two main types of guardianship: guardianship of the person and guardianship of the estate or property.

Understanding When Guardianship Is Essential

A protected person can be a senior who is no longer able to make safe and sound decisions about their well-being or property, or who is prone to fraud or undue external influence.

Some examples of situations that may require a loved one petition for guardianship:

• The elder suffered a stroke or another accident and is unable to care for him/herself
• The elder has Alzheimer's disease or mental impairment and cannot make rational, clear-headed decisions
• The elder does not have a power of attorney and is currently incapacitated

Guardianship proceedings can be lengthy and complex, and require documentation to establish why guardianship is necessary.

Eligibility for Guardianship Petitioners in Virginia Beach

Individuals who are close to the elderly loved one can petition the court for guardianship. These individuals can include:

• Spouse of the elder
• A domestic partner
• Family member of the elder
• Friend of the elder

Typically, a guardian is a family member or friend, or fiduciary appointed by the court.

Guardianship Roles and Responsibilities Explained

When an individual is appointed as a guardian, they are granted the power to make decisions for a person's financial, medical and legal matters, as well as living situation.

Appointing a guardian can substantially limit the rights and privileges of the protected individual in the following areas:

• Providing informed consent to medical treatment
• Choosing a residence
• Making property transactions
• Making end-of-life decisions
• Contracting or filing lawsuits
• Owning, possessing, or carrying a firearm or other weapon
• Voting
• Marriage
• Obtaining a driver’s license

Key Duties of a Guardian in Elder Care

Obtaining guardianship of an individual grants authority over non-financial matters, such as issues that impact the personal well-being of the protected person, including making important medical decisions.

Appointed guardians are generally tasked with the following responsibilities:

• Providing informed consent to and supervising medical treatment
• Determining and maintaining a residence
• Maintaining the protected person’s autonomy as much as possible
• Making end-of-life decisions
• Consenting to and supervising non-medical services, such as education, psychiatric, or behavioral counseling

When it comes to the guardianship of an estate or property, the guardian has the authority to do the following on behalf of the protected person:

• Make appropriate payments
• Manage income from assets
• Obtain court approval before any sale of major assets
• Safeguard property and assets from loss
• Arrange the appraisal of property

Contact Virginia Beach's Trusted Elder Law Attorneys Today

TrustBuilders Law Group routinely works with seniors and their loved ones to determine the best course of action to protect their best interests. We can file the required paperwork and represent you in proceedings with the appropriate administrative agencies. We also work closely with guardians to provide an up-to-date accounting of the estate.

Call (757) 500-5135 or contact us online to set up a free consultation with our guardianship attorneys.