Who can petition the court for a guardianship?

In Virginia, anyone can petition the court for a guardianship, but they must demonstrate a legitimate interest in the person they are asking to become the guardian of. For example, a family member, close friend, or even a social worker who may be familiar with the individual can all petition the court. Additionally, if the proposed guardian has a special relationship with the individual, such as a legal relationship through marriage or adoption, they are allowed to petition. The court must also determine that the individual in need of a guardian is not capable of making their own decisions and is not able to adequately care for themselves. This determination is made based on evidence such as medical or psychological evaluations to show the individual is not competent to make their own decisions. When filing the petition, the petitioner must provide evidence of the potential guardian’s qualifications to serve in this role, such as prior experience caring for individuals with similar needs. The court might also request a background check to make sure the proposed guardian is not a risk to the individual they are petitioning for. Lastly, the petitioner must provide the court with an action plan that outlines how the proposed guardian will care for the individual. The plan should provide details, such as where the individual will live, what medical care they will receive, and other factors. Once the court approves the petition, it will decide if the proposed guardian is the best choice to serve as a guardian.

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Who can petition the court for a guardianship?

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