How do you become your parent’s guardian?

| Oct 20, 2020 | Estate Planning |

As an adult child, you want what is best for your parent’s health and wellness. Unfortunately, disabling conditions in the elderly may require you to take control of your parent’s care.

As explained by the Virginia circuit court, the guardian takes responsibility for another adult’s support, health, care, safety, treatment and residence.

How can you become your parent’s guardian?

The judge appoints a Guardian Ad Litem to investigate your claims. You must supply evidence to the court that your parent can no longer manage his or her personal affairs. Sometimes you may be able to distinguish which affairs your parent can and cannot manage. The court could then grant you a limited guardianship.

Your parent, the respondent, can hire an attorney to represent his or her interests. If the person does not believe that he or she needs a guardian, the respondent can request a jury trial and may call witnesses to speak to his or her condition. Physicians will evaluate your parent to decide the mental and physical needs. With the evidence and investigation finished, the court holds a hearing to make the final decision.

How can you qualify as a guardian?

For guardianship eligibility, you have one month following the judgment to qualify. Before the judge allows you to act as a guardian, you will have to sign a surety bond. This is a pledge that you will manage all of your loved one’s assets and financial affairs with the utmost care. If you do not, the bond company will pay your parent back and you will have to pay for the company.

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