Can a minor consent to a guardianship?

In the state of Virginia, minors are not able to enter into legal agreements without the permission of their parents or legal guardians. This means that a minor can not consent to a guardianship arrangement. In order to enter into a guardianship arrangement for a minor, a petition for guardianship must be filed in court and the court must appoint a guardian for the minor. The court will consider the wishes of the minor when appointing a guardian, but ultimately the decision must be made in the best interests of the minor. The court will make sure that the guardian entered into the arrangement is a qualified and capable guardian. The court may also require the guardian to enter into a legal agreement known as a guardianship bond to ensure that the minor’s assets are protected from misuse or exploitation. If the guardianship arrangement is for the minor’s medical decisions, the minor may be able to make those decisions for themselves without the need for a guardian if they are deemed by the court to have the capacity to make those decisions. In summary, a minor is not able to consent to a guardianship arrangement in Virginia, and a petition for a guardianship must be made by an adult in the minor’s best interests, and approved by the court. The court may take into consideration the minor’s wishes when appointing a guardian, but ultimately it must be done in the best interests of the minor.

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