What are an Agent’s duties under a Power of Attorney? | Estate Planning and Litigation Attorney | Richmond, Virginia
Agent’s duties under a Power of Attorney As the agent appointed through a power of attorney, you are given an enormous amount of trust and responsibility. Most power of attorney documents have special provisions about the scope of representation required of an agent which may be specific to your situation. The following information provides basic requirements of the agent according...
Read More
Guardianship and Conservatorship of an Incapacitated Adult in Virginia are two separate roles. | Ryan C. Young | Richmond, Virginia Attorney
The guardian and conservator can be the same person or different people. Co-guardianship or co-conservatorship is also an option if more than one person would like to care for the incapacitated person. When an adult is determined by the court to be incapacitated, the person has been found to be incapable of receiving and evaluating information effectively. The incapacitated adult...
Read More
What is Fiduciary Litigation? | Ryan C. Young | Richmond, Virginia Attorney
What is a Fiduciary? A fiduciary is a person who has been entrusted with great confidence to manage and maintain the financial affairs of another party or parties. A fiduciary could be appointed through a Power of Attorney or a Will as a personal representative. However, attorneys, financial institutions, corporate officers, and other such entities who are trusted to protect...
Read More
How does Virginia law protect the rights of the person that is alleged to need a guardian? | Ryan C. Young | Richmond, Virginia Guardianship Attorney
Because not every adult who is alleged to need a guardian is actually incapable of managing his or her own affairs, there are provisions in the law to protect his/her rights during a guardianship proceeding.
Read More
Can a Guardianship Order be changed or terminated? | Ryan C. Young | Richmond, Virginia Attorney
When a guardianship or conservatorship petition for an incapacitated adult is initiated in Virginia, the court will enter an order at the end of the litigation. This order will lay out whether the court finds by clear and convincing evidence that the Respondent is an incapacitated person or not. If the court finds that they are incapacitated, a guardian and/or...
Read More
Defined Terms in Virginia Guardian and Conservator Law for Incapacitated Adults | Ryan C. Young | Richmond, Virginia Guardianship Attorney
What happens when an adult can no longer manage their personal affairs, be they financial, personal, or medical?
Read More
Elder Financial Abuse: Protecting Your Loved Ones from Exploitation | Ryan C. Young |Richmond, Virginia Estate and Guardianship Law
As tragic as it is, the elderly often fall victim to those determined to exploit the most vulnerable. To protect your loved one’s money and safety, be on the lookout for financial abuse. What does financial elder abuse look like? Financial abuse occurs when friends, family, caregivers, or businesses trick or coerce the elderly out of their money. The most...
Read More
120 Day “Rule” in Virginia Adult Guardianship Proceedings. | Ryan C. Young, Virginia Attorney
By: Ryan C. Young, Virginia Attorney In 2013, the Virginia legislature made changes to the provisions of the Code of Virginia concerning the hearing on a petition for guardianship and/or conservatorship of an incapacitated adult. As part of the changes, Sec. 64.2-2007 was changed to state that a hearing on the petition must be held within 120 days of the...
Read More
