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While it is possible to represent yourself in court when seeking appointment as a child's legal guardian, working with a family law attorney can ensure that you don't miss any important steps in the legal process.
A guardian is the person appointed to handle the affairs of the incapacitated person. A conservator handles the financial affairs of the incapacitated person.
A petition for the appointment of a guardian or conservator shall be filed with the circuit court of the county or city in which the respondent is a resident or is located or in which the respondent resided immediately prior to becoming a patient, voluntarily or involuntarily, in a hospital, including a hospital ...
Code § 64.2-2000 et seq., which includes the following: Petition: Any person may file a petition with a Virginia circuit court stating that a Virginia resident needs a guardian or conservator to manage some or all of his/her affairs.
Your duties and authority as a guardian do not extend to decisions addressed in a valid advance directive or durable power of attorney the person previously executed.
Pursuant to § 64.2-2012 of the Code of Virginia, all guardianship orders are subject to petition for restoration of the incapacitated person to capacity; modification of the type of appointment or areas of protection, management, or assistance granted; or termination of the guardianship.
The person for whom a guardian or conservator is appointed is called the incapacitated person. A guardian is the person appointed to handle the affairs of the incapacitated person. A conservator handles the financial affairs of the incapacitated person. The guardian and conservator may be the same person.
POWERS OF GUARDIAN: The powers that the court may transfer to the guardian of the person in full or in part include: the power to provide informed consent to voluntary or involuntary medical examination and treatment if it is in the ward's best interest. any other power the court specifically identifies.