Virginia Guardianship Lawyer Serving Hampton, Williamsburg, Newport News, Yorktown & Poquoson

guardianship Power of AttorneyA guardian is often needed to care for an incapacitated adult, whether that is a son or daughter with special needs who is over 18, an adult with mental health issues or a senior who has diminished mental capacity.

Additionally, in Virginia a conservator is a person appointed by the court to manage the incapacitated adult’s finances and property when they no longer can.

Planning ahead for the possibility of incapacity by establishing a power of attorney and an Advanced Medical Directive can help your family avoid going to court or seeking legal counsel. Unfortunately, many Virginians fail to do this, making a court-ordered guardianship a necessity.

If you are seeking guardianship of a loved one, whether it’s someone who can no longer attend to their financial affairs, or someone who can no longer make medical decisions for themselves, call the law firm of Miller, Walsh, Kutz & Laster at 757-595-0123. You may also contact our law office online, and someone will be in touch with you soon.

We have extensive experience in helping families obtain guardianship and conservatorship.

How long is the process for obtaining guardianship and conservatorship?

The process for guardianship and conservatorship may take several months or more to complete. It involves petitions to the court, physical and psychological evaluations, court hearings, qualification before the Clerk of Court, periodic reports to the Department of Social Services, accountings to the Commissioner of Accounts, other reports and evaluations, and a lot of time.

When is it necessary to obtain guardianship of a minor’s estate?

Sometimes guardianship of the estate of a minor may be needed when a child inherits property from a relative and the relative did not appoint a custodian for the minor’s funds or create a trust for underage beneficiaries. In these cases, a special type of court-ordered guardianship, known as a “guardianship of a minor’s estate,” is also required.

The Responsibilities of Guardians and Conservators

Guardianship and conservatorship, once obtained, are both specialized services involving a high degree of trust and attention to detail. If you are an individual willing to take on such responsibilities, you certainly deserve the guidance of an experienced attorney who’s ready to assist you with meeting your statutory responsibilities.

Let us help you during this stressful time. Call the law office of Miller, Walsh, Kutz & Laster now for a consultation with an elder law attorney.

Virginia Department for the Aging
Virginia Guardianship Association
National Academy of Elder Law Attorneys
National Senior Citizens Law Center
Aging In Stride
Caregiving Information
National Family Caregivers Association