The appointment of a guardian or conservator is generally a judicial function, brought about by following the procedure set forth in the statutory law of the particular jurisdiction. This form is a generic example that may be referred to when preparing such a form for your particular state.
Virgin Islands Petition for Appointment of Conservator or Legal Guardian of Person and Estate of Adult who Physical or Mental Infirmity or Age, is Unable to Handle Affairs
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How to fill out Petition For Appointment Of Conservator Or Legal Guardian Of Person And Estate Of Adult Who Physical Or Mental Infirmity Or Age, Is Unable To Handle Affairs?
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FAQ
Legal guardians may have access to the records of the individuals they represent. A representative payee does not have the same access rights as a legal guardian, but has access only to information that is necessary to discharge the duties of a payee.
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. This person is called the petitioner.
Guardians are appointed when a court determines that an individual is at risk because they cannot make decisions for themselves and there is no less restrictive way to meet the individual's needs. Guardianship may remove a broad spectrum of rights from the individual.
What is the difference between a guardian and a representative payee? A guardian is appointed by a court to manage an individual's personal and legal affairs, while a representative payee is appointed by the SSA to manage their Social Security benefits.
Typically, a guardian makes health care decisions for the ward ? the person needing help ? while a conservator handles financial matters.
A representative payee applicant may not serve if he/she: (a) Has been convicted of a violation under section 208, 811 or 1632 of the Social Security Act. (b) Has been convicted of an offense resulting in imprisonment for more than 1 year.
What is a Representative Payee? A representative payee is a person or an organization. We appoint a payee to receive the Social Security or SSI benefits for anyone who can't manage or direct the management of his or her benefits. .
Your representative payee's authority is limited to matters between you and us. A power of attorney does not give someone authority to act as your representative payee. A representative payee has no authority to enter into any binding contracts on your behalf.