What is a guardianship?

A guardianship is a legal relationship that is created when a court grants authority to an individual or entity to take responsibility for the care and management of another person and/or his or her assets. In Virginia, guardianships are typically established when a parent or other responsible adult is no longer able to provide care or make decisions on behalf of a minor or a person with a disability. When a guardianship is established, the guardian is given the legal authority to make decisions on behalf of the minor or disabled person. The decisions the guardian makes must be in the best interest of the minor or disabled person, and the guardian is held to a fiduciary responsibility to manage the minor or disabled person’s assets responsibly. The guardian must also report decisions and finances to the court regularly. Guardianships can also be established to take care of the elderly, who may be unable to make decisions for themselves. In this case, the guardian is typically appointed to manage the elderly person’s financial affairs. In Virginia, guardianships are granted by the Court and are supervised by the Virginia Department of Social Services.

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