How is a guardianship petition filed?

In Virginia, someone who wishes to become a guardian of a minor or an incapacitated adult must file a guardianship petition with the local circuit court. The petition must be accompanied by an affidavit that states the petitioner’s relationship to the minor or incapacitated person, a description of the facts and circumstances that demonstrate the need for the guardianship, and any other information relevant to the circumstances of the guardianship. The petition must also be served to the minor or incapacitated person, their parents or legal guardian, and any other parties who may be affected by the guardianship. The court will review the petition and determine if it meets the requirements of Virginia law. If the court finds that a guardianship is necessary and appropriate, it will issue an order appointing the petitioner as the guardian. The petitioner must then accept the appointment by filing a written acceptance with the court and attending the guardianship hearing. In addition, the petitioner must complete required guardianship training and obtain a bond to protect the ward in the case of any financial mismanagement or neglect.

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How is a guardianship petition filed?

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