Steps in the Guardianship Petition Process
In this video, Richmond, Virginia attorney Ryan Young provides an overview of the adult guardianship petition process in Virginia.
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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.
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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...
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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?
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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...
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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...
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What is legal guardianship of an adult in Virginia? | Ryan C. Young | Richmond, Virginia Guardianship Attorney
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....
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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...
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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...
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