How do you care for a loved one if they are incapacitated and unable to make financial or medical decisions for themselves? The first and easiest method is through a valid financial or healthcare power or attorney. The second and more difficult option is a guardianship or conservatorship. Guardians and Conservators are individuals who are appointed by the circuit court to manage the financial (conservatorship) and/or medical (guardianship) affairs of an incapacitated individual.
The common scenario
Lisa’s suffers a stroke. She doesn’t have a power of attorney. She has funds in an substantial funds in an investment account. You need to liquidate the account to pay her medical bills. You try to withdraw the funds. You are denied by the financial institution. They say you don’t have the legal authority to act on your mother’s behalf. You and your husband end up paying the bills out of your own pocket. You are frustrated
Lisa needs a guardianship and conservatorship to make decisions and care for her mother.
How do I start the process
- A petition for guardianship or conservatorship must be filed in the circuit court in the county or city where incapacitated individual last lived.
- You must serve the incapacitated individual with the petition.
- The court will likely appoint a guardian ad litem to represent the interests of the incapacitated individual. A guardian ad litem is an attorney who is certified to represent the interests of incapacitated adults. The guardian ad litem will prepare a report to court with a recommendation on the best interests of the incapacitated adult.
- You must file a medical report describing the limitations of
What are the Duties of a Guardian or Conservator?
Do I to Pay for the Guardianship?
Areas We Serve.
Chesterfield, Chester, Colonial Heights, Dinwiddie, Fort Lee, Hopewell, Midlothian, Petersburg, Powhatan, Prince George, Richmond and Sussex.