Guardianship Attorney – Page 2

What is legal guardianship of an adult in Virginia? | Ryan C. Young | Richmond, Virginia Guardianship Attorney

January 21, 2014October 10, 2019 Ryan C. Young, Esq.

Guardianship Attorney | Richmond, Virginia While most people focus on children when discussing legal guardianship, adults also should be part of the conversation. In Virginia, there are two types of Circuit Court appointments, both involving incapacitated adults. The Virginia Code specifies both “guardianship” and “conservatorship”. Legal guardianship of an adult in Virginia depends on the official definitions of the terms.... Read More

How do I begin the process of obtaining guardianship over an incapacitated adult in Virginia? | Ryan C. Young | Richmond, Virginia Attorney

January 8, 2014October 10, 2019 Ryan C. Young, Esq.

FIRST: Speak with a Virginia guardianship attorney to determine whether a guardianship petition is appropriate. I know you’re probably rolling your eyes right now since this article is written by attorney. However, a guardianship petition is not always appropriate in every instance. In fact, guardianship or conservatorship should be the last resort. One of the first questions that the court... Read More

Contested Guardianship in Virginia: When family members fight over control of an incapacitated adult | Ryan C. Young, Attorney | Richmond, Virginia

December 4, 2013October 10, 2019 Ryan C. Young, Esq.

Contested Guardianship or Conservatorship Petition In my opinion, the family fights over control and access to a mentally incapacitated adult can be just as vicious an emotionally taxing for litigants as a divorce case. Often times, these cases begin when siblings disagree over how one person is handling mom or dad’s assets or care. Although it isn’t always the main... Read More

Guardianship and Conservatorship in the Commonwealth of Virginia | Ryan C. Young | Richmond, Virginia Lawyer

July 9, 2013October 10, 2019 Ryan C. Young, Esq.

Guardianship Attorney for Incapacitated Adults in Virginia According to the Virginia Code, there are two kinds of appointments the Circuit Court makes in relation to an incapacitated adult. These appointments include Guardianship and/or Conservatorship and/or Guardianship. An individual can be declared incompetent and have a guardian/conservator appointed at the same court proceeding. Declaring Incompetency Before the court appoints a conservator... Read More

“Incapacitated” person in a Virginia adult guardianship/conservatorship petition. | Ryan C. Young | Richmond, Virginia Attorney

June 26, 2012October 10, 2019 Ryan C. Young, Esq.

Who pays the attorney’s fees in a guardianship or conservatorship petition in Virginia? | Ryan C. Young | Richmond, Virginia Attorney

December 28, 2011October 10, 2019 Ryan C. Young, Esq.

Attorney’s fees in a Virginia guardianship petition. By: Ryan C. Young, Esq. Who pays attorney’s fees in a guardianship or conservatorship proceeding in Virginia? This is a question I get often from potential clients (“Petitioner”) who are considering bringing a guardianship or conservatorship petition because of a loved one’s incapacity. In this article, the allegedly incapacitated person is referred to... Read More

Can an attorney-in-fact (agent) be reimbursed for attorney’s fees? | Ryan C. Young | Richmond, Virginia Attorney

December 19, 2011October 10, 2019 Ryan C. Young, Esq.

Acting under a Power of Attorney + Attorney’s Fees An attorney-in-fact is the principal for an individual under a validly executed power of attorney. The term is confusing to some and can be used interchangeably with the word agent. The law governing power of attorney documents is somewhat similar to agency or contract law. In order to determine your rights... Read More

Contested Guardianship/Conservatorship Lawyer: How does the Petitioner obtain a mental evaluation of the Respondent (alleged incapacitated person)? | Ryan C. Young | Richmond, Virginia

May 18, 2011October 10, 2019 Ryan C. Young, Esq.

Medical Evaluation in a Contested Guardianship/Conservatorship proceeding in Virginia Guardianship and Conservatorship proceedings which are less contentious require a lesser amount of work for the Petitioner and their attorney. Often, the Respondent has already been diagnosed with an illness causing mental incapacity or the inability to function. But, what happens if there has never been such a diagnosis? Many times,... Read More

Supplemental Needs Trust (Special Needs Trust)

May 9, 2011October 10, 2019 Ryan C. Young, Esq.

A supplemental needs trust (sometimes called a special needs trust) is an estate planning document created to benefit an individual who has a disability (“an individual under a mental or physical disability, or a person with a chronic or acquired illness”) without disqualifying him or her from benefits received from government programs such as Medicaid and Social Security; also it... Read More

How can survivorship accounts create problems during the administration or probate of an estate? | Ryan C. Young | Richmond, Virginia

April 5, 2011October 10, 2019 Ryan C. Young, Esq.

I always cringe when someone asks me to draft their “simple” will. In my opinion, rarely is there such a thing as a “simple” estate plan. An estate plan should consider all of the assets of the individual and how those assets are held. When an attorney or a layperson tries to cut corners and save money on a proper... Read More

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