Who can become a guardian?

In Virginia, several types of people can become a guardian. Generally, an individual must be 18 years of age or older and have no felony convictions. The individual must also be a resident of the Commonwealth of Virginia. In certain situations, someone who resides outside of Virginia can be appointed as a guardian, such as a relative of the person in need of a guardian. In this situation, the court must decide if the out-of-state guardian is a suitable candidate. A guardianship can be either voluntary or involuntary. For voluntary guardianship, an individual must be mentally and physically capable of taking on the responsibility of caring for another. For involuntary guardianship, the individual may not be able to make decisions for themselves anymore or may be declared incompetent. If the person is a minor, the court typically looks at the parents as potential guardians. If both parents are not able to serve as guardians, then other family members may be considered. It is important to note that if a family member is chosen, they would have to be approved by the court in order to become a guardian. In some cases, a family friend may be considered as a guardian. Again, the court would need to approve the guardian before they could take on the responsibility. Ultimately, a guardian may be anyone the court deems suitable for the position. The person needs to be responsible and willing to take on the role of caring for another person.

Related FAQs

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Can a minor consent to a guardianship?

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