How do you set up a guardianship?

In Virginia, guardianship is set up through the court system. The first step is filing a petition in the circuit court of the county where the person who needs the guardian, also known as the ward, lives. The petition must include information about why guardianship is necessary, the ward’s relationship to the person filing the petition, and a proposed plan for the ward’s care and well-being. The court may require the filing of various forms, including a Bond to Secure Financial Responsibility, which covers the costs of the guardianship. A physician’s certificate may also be required, certifying that the ward is medically incapacitated and unable to make their own decisions. If the court grants the petition, it will appoint a guardian. The guardian must be at least 18 years old and may not be a convicted felon. The guardian will be responsible for the care of the ward, including decisions related to medical care, housing, finance, and education. To become qualified as a guardian, the guardian must seek assistance from the court. This includes filling out additional forms, attending a guardian education program, and possibly undergoing a criminal background check. Once the guardian is qualified and approved, the court will issue an Order of Guardianship, which grants the guardian legal authority over the ward. The guardian must also submit periodic reports to the court. These reports should include information about the ward’s care and details about any changes made in their life. The guardian must also keep detailed records of all financial transactions made on behalf of the ward.

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