The court will also hear evidence as to who it should appoint and why. "name": "What is the Process for Appointing A Guardian or Conservator? 2011 Edition Handbook Co Editors A Joint Publication of the University of Maryland Francis King Carey School of Law’s Law & Health Care Program and the Maryland State Bar Association . At this hearing, the court will hear evidence as to why conservatorship or guardianship is necessary. Ellen A. Callegary, J.D. It may also empower the trustee to contract for care or services for the grantor’s benefit. NOTE: The following information is intended to give an overview of ways to provide supported decision-making (a.k.a. What is Guardianship & Conservatorship? "name": "Are There Alternatives to Legal Guardianship in Virginia? Virginia law allows for close adult relatives such as children and spouses to make medical decisions for you. "@type": "Answer", The court will appoint a guardian and/or a conservator for that person. },{ ", "@type": "Question", "@type": "Answer", There are, however, disadvantages to these statutes, including the fact that they are not useful when the patient either doesn’t have any family, or the family is in disagreement about the patient’s care and there is no clear majority opinion. Before a conservator or guardian is appointed, all less restrictive alternatives should be explored. The legislature mandated that a probate court must consider alternatives to guardianship and supports and services before a guardianship is created. So, the family would file the petition claiming your grandmother needs a conservator. 2 National Council on Disability protections they are afforded when they are faced with a petition for guardianship are robust and will avoid the unnecessary removal of civil rights. The petitioner must file the petition in the Circuit Court for the city or county the respondent lives in. An individual (the “grantor”) may use a living trust to transfer money or property (the “trust property”) to a trustee who is then charged with managing that property for the benefit of the grantor and/or other beneficiaries as provided for in the trust document. Your county may have other options available for persons with low income. If the respondent lives in a nursing home, you can file the petition in the city or county they lived in immediately prior. Guardianship and Its Alternative, A Handbook on Maryland Law (Joan O’ Sullivan, J.D., Author; Virginia Rowthorn, J.D. While such programs are simple and inexpensive, they lack oversight and procedural safeguards, which can be very worrisome. These considerations include: This last point is really the crux of the matter. A court will not appoint a guardian or conservator to someone who has a power of attorney unless their agent is not acting in their best interests. This includes their spouse, adult children, adult siblings, or parents. }] What are Conservatorship and Guardianship? A guardian is responsible for making decisions regarding the incapacitated person's support, care, health, safety, ability to dress themselves, education, therapeutic treatment, and if not in keeping with an order of "acceptedAnswer": { In Virginia, guardians also make healthcare and other personal decisions on behalf of the incapacitated person. "text": "There are alternatives to conservatorship as well as legal guardianship in Virginia. All Rights Reserved. The respondent’s maximum self-reliance and independence, Benefits of alternatives to legal guardianship in Virginia, The actions the guardian or conservator will perform, The suitability of the proposed guardian or conservator. A conservator is a person the courts appoint to handle the financial affairs of the incapacitated person. ALTERNATIVES TO GUARDIANSHIP AND CONSERVATORSHIP. Guardianship, however, removes all of a person’s rights and should be considered only as a last resort, with emphasis placed on limiting the guardian’s powers to the extent possible. Disclaimer | Site Map  Privacy Policy | Law Firm Marketing by Digital Logic| Listings, Designed by Elegant Themes | Powered by WordPress. "name": "When Will A Court Appoint A Guardian or Conservator? When it is not unquestionably clear that a guardianship and/or conservatorship is, truly, required in a situation, there are a number of alternatives to consider. First, as there is no oversight or court supervision, one must take care in selecting their health care power of attorney. ", For instance, if your father is of completely sound mind and loses all his savings on a bad investment, that is not enough to appoint a conservator for him. Less restrictive alternatives that will protect the interests of the person without involving a … "name": "Does The Law Protect the Rights of The Incapacitated Person? These other options are sometimes called “less restrictive alternatives.” Depending on your needs, you may be able to get help without needing a full guardianship. Despite these advantages, one must also consider the disadvantages to using a health care advance directive. Financial AlternativesThere are a number of different alternatives which address the financial decision-making needs of an individual including, but not limited to, durable powers of attorney; trusts; joint bank accounts; and representative payment programs. These proceedings can be complex and are always emotionally fraught. ", In this case, the incapacitated person must have planned ahead and signed over power of attorney. A court will not appoint a guardian or conservator to someone who has a power of attorney unless their agent is not acting in their best interests. "@type": "Question", The court can also appoint a public defender to defend the respondent. Our clients come from Annandale, Burke, Centreville, Chantilly, Dale City, Dumfries, Gainesville, Lakeridge, Linton Hall, Lorton, Manassas, Manassas Park, Nokesville, Springfield and Woodbridge, and all other areas of Arlington County, Fairfax County, Fauquier County, and Prince William County, Virginia. The guardian and the conservator can be the same person, but they do not have to be." "name": "What are Conservatorship and Guardianship? A court will only appoint a guardian or conservator if the respondent cannot do either or both of the following: There are alternatives to conservatorship as well as legal guardianship in Virginia. 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