How do you prove that an aging loved one needs a guardian?

On Behalf of | Feb 1, 2022 | Guardianship and Conservatorship |

The idea of adult guardianship makes many people uncomfortable. No one wants to think about losing their autonomy as they grow older. However, guardianship laws exist for a reason.

Due to age, illness or accident, adults may find themselves unable to make sound decisions for their own daily care and well-being, which is the standard Virginia holds for incapacity.

If your loved one seems unable to make good decisions about their health care or manage their household, you may want to ask the Virginia courts for a guardianship.

How do you prove that your loved one needs that degree of assistance?

With medical records

One of the easiest ways to demonstrate the need for guardianship is with medical documentation. If someone has a brain injury or Alzheimer’s disease, it will be a straightforward process to show the courts why they need support. The more documentation there is of someone’s impairment, the easier it will be for family members to take legal action to protect them.

With financial records

Sometimes, people experience cognitive decline without a diagnosis to go along with it. Your loved one may have made some significant mistakes, like forgetting to pay their rent. Financial records can help show that a person is no longer capable of managing their own property and meeting their legal obligations.

With expert testimony

Sometimes, a diagnosis is too recent to have compelling medical evidence or any provable mistakes made by your loved ones. Individuals involved in your loved one’s care or medical experts who have diagnosed them could potentially provide testimony to the courts that convinces them of your loved one’s need for support.

Understanding how you can show the need for a guardianship can help you decide if you are in a position to seek one for the protection of a loved one.


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