How does a court decide to appoint a guardian?

In Virginia, courts will make a guardianship appointment when they believe it is in the best interest of the person in need of protection. The court will consider the ability of the prospective guardian to care for the person in need of protection, their relationship to the person, and their resources and support systems. Additionally, courts will consider the wishes of the person in need of protection, as long as they are capable of making their own decisions. When deciding to appoint a guardian, Virginia courts look to the Virginian Code to determine the eligibility of a person to serve as guardian. Typically, the court will appoint a family member or close friend who is willing to take on the responsibility and has the capacity to provide necessary care. The court may also appoint a professional guardian if the person in need of protection is especially vulnerable. The court also looks at the type of guardianship that is needed. There are several types, including a full guardianship, a conservatorship, or a standby guardianship. The type of guardianship needed will depend on the person’s situation. For example, if the person is solely in need of financial assistance, then a conservatorship may be the best choice. Finally, the court will look into any specific requests the person in need of protection has regarding their guardianship. This may include but is not limited to who would serve as the guardian, scope of authority, and expectations for the guardian. The court will consider these requests and take them into consideration when making their decision.

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How does a court decide to appoint a guardian?

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