What is a durable guardianship?

A durable guardianship is a type of guardianship that is established by a court in order to provide for the care, safety, and welfare of a person who is not capable of making decisions for themselves. This type of guardianship is often established for minors, individuals with disabilities, or those with mental illnesses. In Virginia, a durable guardianship is established by filing a petition in the Juvenile and Domestic Relations District Court. The court will then consider the petition and appoint a guardian for the person who is under guardianship. The guardian is responsible for ensuring the ward receives food, clothing, shelter, medical care, and other necessary services. The guardian may also have to make decisions on behalf of the ward about activities such as education, recreation, or religious activities. The guardian may also handle the financial affairs of the ward, including dealing with real estate, deposits, and investments. In Virginia, the guardianship is considered durable if it lasts beyond the death of the guardian or the ward. If the ward dies or the guardianship is terminated due to the death of the guardian, the guardianship is considered nonexpiring. The durable guardianship may also be terminated by court order if the court finds that the guardianship is no longer necessary.

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