Sometimes, because of age or infirmity, someone we care about reaches a point where he or she can no longer make decisions affecting his or her person or property, a condition Virginia law terms “incapacity.” When that happens, Virginia law provides a procedure by which someone can qualify as that incapacitated person’s Guardian. A Guardian is empowered by court Order to make decisions regarding the incapacitated person’s living environment, medical treatment, etc. The job of a Guardian is similar to the job of an agent under an Advance Medical Directive. However, the process by which someone is appointed Guardian often is needed when someone has not executed an Advance Medical Directive.
Serving as court-appointed Guardian for an incapacitated person is a vitally important role. When someone you love becomes incapacitated, you may find that you, even as a close friend or family member, do not have the authority to do what needs to be done to ensure the needs of the incapacitated person are met. If you find yourself in that situation, Guardianship proceedings may be appropriate – they may be the only way to make sure that your loved one has the highest quality of life possible. We can help. Please contact us so we can work with you and your family to care for someone who has unwaveringly cared for you.