What is a guardianship?

A guardianship is a legal arrangement in which a person or an entity is appointed by a court to make decisions for someone else who is unable to make decisions for themselves. In Virginia, this legally appointed person or entity is referred to as a guardian. A guardianship is established when a person is determined to be incapacitated and unable to make decisions for themselves. In Virginia, guardianships are established as part of the disability planning law. When a guardianship is established, the individual’s rights are effectively transferred to the guardian who is then responsible for making decisions for the individual. The specific rights and responsibilities of the guardian vary depending on the individual’s needs, but may include financial matters, health care decision making, and help in daily living. In Virginia, guardians are also responsible for ensuring the individual has access to suitable housing, healthcare, and other services. Guardians are also responsible for keeping records related to the guardianship and providing regular reports to the court about the condition of the incapacitated person. Ultimately, guardianships are designed to ensure the individual’s wellbeing is taken care of while still ensuring that the individual’s rights are respected and protected. In Virginia, the disability planning law outlines the criteria for establishing a guardianship, and a court must approve the guardianship before it becomes legally effective.

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