Can a guardianship be modified once it is established?
In Virginia, yes, guardianships can be modified once they have been established. This means that the parties involved can make changes to the terms of the guardianship agreement if they come to an agreement. There are a few ways in which a guardianship can be modified. First, the parties involved can come to an agreement between themselves and present the Court with a Consent Order to modify the guardianship. The Court must approve any modifications before they can take effect. Second, the Court may modify the guardianship on its own initiative. This can happen if the Court finds that a material change has occurred in the circumstances of the guardianship, or if the Court just believes that a modification is in the best interest of the person being protected. Finally, any party to the guardianship can make a Motion to Modify the guardianship with the Court. The parties will then have to explain why they believe the modification should be made, and the Court will make the final decision about whether the modification is appropriate. No matter how a modification to the guardianship is made, the parties involved need to remember to make sure the Court approves the modification before it takes effect. That way, they can be sure that the modification is valid and legally enforceable.
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