If you’ve been appointed as a guardian or conservator for an incapacitated adult, you’ve petitioned the court and obtained an order in the incapacitated person’s home state. Should you and the incapacitated person move to another state, however, that guardianship order may not be recognized.
As discussed in previous posts, for the purposes of guardianship and conservatorship, an “incapacitated person” means an adult who has been found by a court to be incapable of receiving and evaluating information effectively or responding to people, events, or environments to such an extent that the individual lacks the capacity to (i) meet the essential requirements for his health, care, safety, or therapeutic needs without the assistance or protection of a guardian or (ii) manage property or financial affairs or provide for his support or for the support of his legal dependents without the assistance or protection of a conservator.
In my last blog post, I outlined a brief introduction to the process of seeking a guardian and conservator for an incapacitated adult.
When people hear the word “guardian,” they often think of an adult authorized to make decisions on behalf of a child. It is important to know, however, that guardianships are not limited to children. In fact, Virginia courts appoint guardians and conservators for incapacitated adults in a variety of circumstances. This first in a series of blog posts discussing adult guardianships and conservatorships in Virginia will provide a brief introduction to the process of becoming a guardian or conservator of an incapacitated adult.