What are the legal requirements for guardianship?

In Virginia, the legal requirements for guardianship are established under state law. Guardianship is a legal process whereby an adult, called a guardian, is appointed to care for and make decisions on behalf of another person who is unable to make decisions for themselves such as a minor child, an elderly person, or an incapacitated adult. In order to be appointed as a guardian, the person must be at least 18 years old, a resident of Virginia, and have no felony convictions. Additionally, the court must make a determination that the guardian is capable of making decisions in the best interest of the person for whom they are appointed to care. The guardian must receive a court order validating their guardianship. The court order will designate the guardian’s authority and will require that the guardian be bonded, meaning that the guardian must purchase an insurance policy that will protect the person in their care in the event of financial mismanagement. The guardian is also responsible for providing financial assistance, including bills and other living expenses, in addition to providing care and assistance. The guardian is required to file an annual report with the court, providing updates on the status of the guardianship and the condition of the ward. The guardian can also be removed from their position if they fail to meet their duties and obligations to the ward.

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What are the legal requirements for guardianship?

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