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...
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Common Terms in a Virginia Power of Attorney Document | Ryan C. Young | Richmond, Virginia Estate Planning Attorney
Springing Power of Attorney A springing power of attorney is a power of attorney that goes into effect at a future time specified in the document. For example, if the principal is determined to be incapacitated and unable to handle his/her own affairs, the Springing Power of Attorney goes into effect. This arrangement seems like the best option for healthy...
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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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