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

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

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

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

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

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

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

Protecting your family through estate planning. | Ryan C. Young | Richmond, Virginia | Estate Planning

Ryan C. Young, Esq.
Protecting your family through estate planning. | Ryan C. Young | Richmond, Virginia | Estate Planning
  An estate planning attorney can protect your family and assets. No one likes to think about estate planning. This is understandable: People don’t want to consider their own mortality. But if you want to offer financial protection to your family and children, estate planning is essential. And this means that meeting with an estate attorney is also critical. Everyone... 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

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

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

Ryan C. Young, Esq.
Guardianship and Conservatorship in the Commonwealth of Virginia | Ryan C. Young | Richmond, Virginia Lawyer
  Guardianship and Conservatorship Orders for Incapacitated Adults in Virginia Under the Virginia Code, there are two types of appointments the Circuit Court may make when a person is declared incapacitated: Guardianship and/or Conservatorship. A person may be declared incompetent and a guardian/conservator appointed in the same proceeding. Before a guardian or conservator may be appointed, the person must first... Read More

What should I do if I suspect elder abuse? | Ryan C. Young | Richmond, Virginia Lawyer

Ryan C. Young, Esq.
What should I do if I suspect elder abuse? | Ryan C. Young | Richmond, Virginia Lawyer
Introduction Our parents and grandparents are going to be around a lot longer than any other generation before them. As a country, we will be faced with the monumental task of managing their care. Because of the graying of the baby-boomer generation, we will also see a rise in the types of elder abuse. Unfortunately, studies show that elder abuse... Read More