Bushman Law Group Guardianships

Licensed in Virginia and the district of columbia

Serving:

Arlington County

Alexandria City

Fairfax County

Falls Church City

Town of Herndon

Town of Vienna

Guardianships and Conservatorships

This area of law arises when people cannot handle their own affairs. There are many different paths hat can lead one to need a guardianship or a conservatorship. One thing all of these cases have in common is a person, the legal term upon filing a petition is the Respondent, that cannot make decisions for him or herself medically or financially. Most of those individuals never know that is the case, usually it is a friend, neighbor, or relative that knows the respondent cannot take be responsible and will ask the court for relief.

When you know someone that cannot take care of him or herself physically and they have not executed any estate planning devices, then you can file a petition with the court to appoint a Guardian, and if the individual has assets that are subject to being wasted or fraudulently disposed of for a Conservator.

The beginning of this process starts with the filing of a petition. The petition tells the court what has happened that somebody needs to have a Guardian and a Conservator. Upon filing the petition, the court appoints another attorney in the area as a Guardian ad Litem. The Guardian ad Litem will investigate for the court what the court has been told in the petition. The Guardian ad Litem talks with the Respondent and tells them of the proceeding. Then the Guardian ad Litem will talk with any family and whom the petitioner has proposed as Guardian and/or Conservator. The Guardian ad Litem will then inform the court of his or her investigation. The court, if uncontested, will hold a short hearing on the matter and listen to the parties present that day. If someone does contest the appointment of a Guardian or Conservator, the court will set the case for a hearing on the contested issue. Sometimes the issue is whether or not the respondent is incompetent and other times it is over who will be the Guardian or Conservator.

If you would like to find out more about Conservatorships and Guardianships or how to avoid the appointment of either, please call 703-524-0700.