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...
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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...
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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,...
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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...
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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...
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