What are the criteria for determining who should serve as guardian?

In Virginia, the criteria that must be met when determining who should serve as a guardian for a minor or disabled adult involve both legal and moral considerations. Legally, the person must be a resident of Virginia and have attained the age of majority (18 years old). They must also be of sound mind and must not have been convicted of any felonies or crimes that are considered to be “incompatible with the proper execution of the trust” as a guardian. This means that the person must have a clean criminal record. From a moral standpoint, the person must also meet certain criteria. The court must determine that the person is of “good moral character” and is so situated as to be able to provide for the care, protection, and education of the ward. The court also considers the financial and emotional relationships and responsibilities that the potential guardian has with the child or disabled adult. Furthermore, Virginia courts require the petitioner of guardianship to submit an affidavit outlining the reasons why the proposed guardian is the best fit for the ward. Finally, the court will often look to the wishes of the ward’s closest family members and friends when determining who should serve as the guardian. The court will attempt to ensure that the proposed guardian is the one most suited to protect and provide for the ward’s best interests. Ultimately, the court must make a determination that upholding and protecting the ward’s best interests requires the appointment of a guardian.

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What are the criteria for determining who should serve as guardian?

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