What is a Guardianship?

A guardianship is a legal relationship between a person or entity (the guardian) and a person with a disability (the ward). It grants the guardian the legal authority to make decisions about the ward’s health, financial, and personal matters. The guardian is responsible for managing the ward’s finances, providing a safe environment, ensuring the ward receives appropriate medical care, protecting their rights, and making sure their needs are met. In Virginia, an individual can petition the court to establish a guardianship if they believe it is in the best interests of the person with a disability. The court can appoint a guardian if it finds that the individual is unable to make decisions on his or her own, or if the individual’s rights need to be protected. The court must also consider whether there is any less restrictive alternative to guardianship. The guardianship could be temporary or permanent, depending on the needs of the ward. In addition, the court can appoint a family member, a social service agency, or another qualified individual to be the guardian. The guardian must be willing and able to take on the responsibility of making decisions for the ward. A guardianship is an important tool for people with disabilities in Virginia to ensure their rights and interests are protected, and that their needs are met. It is important to understand the responsibilities of being a guardian and the rights of the ward before entering into a guardianship relationship.

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What is a Guardianship?

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