How to get guardianship of your elderly parent in Virginia

On Behalf of | Feb 3, 2023 | Guardianship and Conservatorship |

When your elderly parent loses the ability to think clearly and make meaningful decisions independently, it makes them quite vulnerable. It may be due to a serious brain injury or health issues like dementia and stroke. Either way, you should take charge to protect their well-being and interests.

When your parent is incapacitated or unable to make rational decisions about critical aspects of their life, you can seek guardianship to act on their behalf. This means having the legal authority to make decisions for them given their current physical or mental state.

The process explained

Getting guardianship of your loved one is a meticulous legal process. There is a lot of paperwork and court procedures that you must get through before you are appointed as your parent’s legal guardian.

In a nutshell, the process begins with a court petition for guardianship filed in the circuit court of the county where your parent resides. You must also serve your parent and other interested parties a copy of the petition since there will be a hearing

During the hearing, the court will decide if guardianship is necessary and if you are suitable to be the guardian. The judge’s decision will be informed by several factors, such as your eligibility for the role and your parent’s limitations.

Get help with your petition

The above process may seem pretty straightforward, but it is just a summary of how everything works. There is much more to a guardianship petition, and it is not always a smooth process. For instance, there may be objections to the petition, or you may have questions about the role and the expectations.

Therefore, it is advisable to consider seeking qualified assistance on what to do when seeking guardianship and how to deal with any issues that may come your way.


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