What is a guardianship and why should I consider it?

A guardianship is an arrangement that appoints an individual to manage a person’s legal, financial, and personal affairs if they are unable to do so. In the state of Virginia, one type of guardianship is set up to provide legal guardianship for an incapacitated adult or an adult who has been declared mentally incompetent by a court. The process begins when the person seeking guardianship of an adult, or the incapacitated party’s attorney, files a petition for guardianship with the court. The court then reviews the situation and may require the petition to be served to the person in question and their family. After the court reviews the facts and hears from all of the parties, a decision is made to either grant or deny the guardianship. Creating a guardianship is an important step in Estate Planning Law in Virginia and should be considered as part of an overall Estate Plan. A guardianship ensures that a competent and trusted individual is appointed to take care of another’s financial and personal needs if they become incapacitated. It also helps protect the individual’s rights, privacy, and property while they are living. In addition, a guardianship is an important way to ensure that the individual’s wishes are legally complied with and their family’s needs are met. It can provide stability and continuity to the family and help protect the individual’s estate from any potential legal issues that may arise. Creating a Guardianship is an important step in Estate Planning Law in Virginia and should be carefully considered. The process can provide peace of mind to all involved and ensure that the individual is well cared for.

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