How are guardianship decisions made?

In Virginia, guardianship decisions are made in both civil and juvenile court cases. In civil court, a guardianship is determined through a petition filed by an individual or agency seeking to assume guardianship of another individual. The petition outlines the reasons for the proposed guardianship and may include the medical and financial needs of the person in need of guardianship, any arrangements made for the care and supervision of the individual, and other relevant information. The court reviews the petition and relevant evidence, including testimony from witnesses and medical professionals, to determine the best interests of the individual in need of guardianship. In juvenile court, guardianship decisions are made in cases where the parent or guardian of a child has died, become incapacitated, or cannot meet the child’s needs. The court may appoint a guardian ad litem to represent the best interests of the child and evaluate any proposed guardians. The court will consider a number of factors in making its decision, such as the child’s age, the wishes of the parent or legal guardian, the child’s relationship to the proposed guardian, and the proposed guardian’s ability to provide for the child’s physical and emotional needs. In either case, the court must make a decision that is in the best interests of the individual in need of guardianship.

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