Can a guardianship be changed?

Yes, guardianships in Virginia can be changed. In some cases, a guardianship may be ended if the guardian is no longer able to fulfill his or her duties. In other cases, guardianship may be changed if the ward (the person for whom the guardian is responsible) has reached 18, become emancipated, or married. Additionally, if a guardian has died, moved out of the state, or become incapacitated, then the guardianship may be changed as well. If it is determined that the best interests of the ward would be served by changing the guardianship, then it is possible to do so. Start by filing a petition with the court for a guardianship modification. The petition should state the reasons why a change is needed, such as the changes in the ward’s age, circumstances, or the guardian’s inability to fulfill his or her duties. In most cases, the court will hold a hearing to determine if a change is necessary and, if so, who should be appointed to the new role of guardian. The court may also appoint an attorney to represent the ward and a guardian ad litem to investigate the situation and make a recommendation to the court. The court will also consider the wishes of the ward, if he or she is able to express them, before making a decision on the change in guardianship. In summary, it is possible to have a guardianship changed in Virginia, although it is necessary to petition the court and provide evidence that the best interests of the ward would be served by the change.

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