What is the court process for guardianship?

In Virginia, the court process for guardianship is fairly comprehensive. The process begins when an individual is petitioning for guardianship over someone else. This could be done in a variety of ways, such as filing a petition in local court or petitioning through a social services agency. For example, a petition for guardianship might be filed in juvenile and domestic relations court, or a petition through the Department of Social Services might be necessary when the person over whom guardianship is sought is a minor or an adult who requires special assistance. If the petition is approved, the court will appoint a guardian ad litem, who is responsible for ascertaining the wishes of the proposed ward and assisting the court in determining the best interests of the wards. The court will also hold an evidentiary hearing during which the petitioner must present evidence of the need for a guardianship and demonstrate that the proposed ward is no longer capable of making decisions for themselves. The court also has a wide range of other powers and requirements in order to determine the best interests of the proposed ward. For example, the court may require the guardian to complete a background check, provide a detailed plan for the care of the proposed ward, and undergo training to acquire the skills needed to carry out their duties as guardian. The court will also hear any objections to the guardianship that may exist and make its decision accordingly. Once the court has made its decision, it will issue an order granting or denying the petition for guardianship.

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What is the court process for guardianship?

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