Leesburg Guardianship Attorneys
Understanding the laws surrounding guardianship in the state of Virginia is confusing, and many people incorrectly confuse the terms guardianship, conservatorship, and adoption. However, the three terms are very unique. If you have more questions about guardianship in Virginia, it is best to meet with an experienced Leesburg guardianship attorney.
What Is Guardianship?
Guardians are individuals who are appointed, by a court, to care for incapacitated persons. These are different from adoptive parents in that guardians do not have full parental rights. Guardians also differ from conservators in that the latter is someone who is only in charge of another person’s financial affairs.
Types of Guardians in Virginia
There are multiple types of guardians in Virginia. Three of the most common include:
- Emergency/temporary guardians. Emergency or temporary guardians are guardians that are appointed by the court for a maximum of five days, and only in emergency situations (for example, an elderly person slips and falls and hits their head, rendering them temporarily unable to care for themselves).
- Standby guardians. Standby guardians are those persons who assume guardianship upon the death of a caregiver (most typically a parent). Standby guardians are common in cases when a parent has a disabled child and wants to ensure that the child will receive adequate care upon death.
- Limited guardians. A limited guardian is a person appointed by a court who serves a very specific purpose in another’s life. For example, an elderly person may be appointed a guardian in order to help that elderly person make decisions about health care.
Guardianship is a concept that is often assigned to children alone; however, many elderly persons, as well as disabled persons, have guardians. As guardians pertain to children, a court may assign a “guardianship of the person” to a child in the event that both of the parents die, the parents abandon the child, the parents are abusive, or the parents are otherwise incapable of providing care to the child. If you are the parent and have not creating a will that addresses guardianship of your minor child, it is very important that you do so.
Seeking Guardianship in Leesburg & Virginia
For those who will to seek guardianship of another in Virginia, a petition with the court must be filed. The petition must provide evidence as to why the person in question is in need of a guardian – the person petitioning for guardianship is usually a family member of close family friend. Then, a hearing will take place in which evidence will be presented. It is an important to have the representation of an attorney during a guardianship hearing.
Learn More About Guardianship in Leesburg Today
If you have more questions about guardianship, how to seek guardianship, or how to ensure that your children are cared for by a guardian of your choosing in the event that you unexpectedly die, consult with an experienced Leesburg guardianship attorney today.
Helping families with all of their estate planning and family law issues, the team at Whitbeck Cisneros McElroy PC can answer your toughest legal questions. Contact us today at 703-777-1795.