Who is eligible for guardianship?

In Virginia, guardianship is a legal process that allows another adult to take responsibility for a child or incapacitated adult. In order for a person to be eligible for guardianship, the court must make a determination that the individual is legally incapacitated and unable to make important life decisions. To be considered for guardianship, the individual must meet certain criteria. They must be over the age of 18, have an intellectual disorder or disability, or be suffering from a mental illness that renders them unable to make decisions for themselves. If the individual does not meet these criteria, a court will deny the guardianship petition. The court also determines whether the individual is capable of taking care of their own basic needs and whether they are able to communicate their needs and wishes to their guardians. If the individual is able to take care of their basic needs and communicate, the court may grant a guardianship petition. Individuals may also be eligible for guardianship if designated by a will or estate planning document. In this situation, the court will review the document to determine whether the individual is eligible for guardianship. If the court determines that the individual meets the necessary criteria, the guardianship will be granted. If guardianship is granted, the guardian is then responsible for the care and well-being of the individual. They are also responsible for making decisions in the best interest of the individual. Guardians are also responsible for providing for the individual’s daily needs, such as food, clothing, shelter, and medical care.

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