uncontested guardianship – Young Law, PLLC

Guardianship and Conservatorship of an Incapacitated Adult in Virginia are two separate roles. | Ryan C. Young | Richmond, Virginia Attorney

January 25, 2017October 10, 2019 Ryan C. Young, Esq.

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

Common Terms in a Virginia Power of Attorney Document | Ryan C. Young | Richmond, Virginia Estate Planning Attorney

June 28, 2016October 10, 2019 Ryan C. Young, Esq.

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... 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

April 25, 2016October 10, 2019 Ryan C. Young, Esq.

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

March 17, 2016October 10, 2019 Ryan C. Young, Esq.

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

February 2, 2016October 10, 2019 Ryan C. Young, Esq.

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

September 21, 2015October 10, 2019 Ryan C. Young, Esq.

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

February 17, 2015October 10, 2019 Ryan C. Young, Esq.

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

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

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