Virginia Beach Adult Guardianship Attorneys
Helping Families Protect the Elders in Their Lives
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.
When May Guardianship Be Necessary?
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.
Who Can Request Guardianship Over an Elder?
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.
How Does a Guardianship Work?
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
- Obtaining a driver’s license
Duties & Responsibilities of a Guardian
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
Need to Protect an Elderly Loved One?
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 case consultation with a guardianship lawyer at our firm.
Call or Visit TrustBuilders Law Group Today
TrustBuilders Law Group is a family-owned, full-service estate planning and trust administration law firm. We are dedicated to providing sound legal and financial solutions for clients throughout Virginia Beach. Our legal team has a stellar reputation for helping clients create lasting legacies through smart estate planning strategies. We have been assisting clients since 1978, we are prepared to get to work for you today.
To speak to a lawyer at our firm, please call (757) 500-5135 to request a free case consultation.
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