How to Obtain Guardianship in Virginia

Establishing guardianship does not revoke the rights of a minor's biological parents.

A guardianship is a legal situation in which an adult takes responsibility for the welfare of an individual without revoking any parental rights of the biological parents. In many guardianship situations, either the parents have consented because they are unable to provide for the child or the courts have deemed the original parents unfit but not a threat to the child. Guardianships can also be granted for aging adults as when they are deemed unable to mentally provide for their future legally and financially. Guardianship can be established in the state of Virginia by filing the proper paperwork with the Virginia state judicial system.

Things You'll Need

• Guardian of a Minor Information form
• Incapacitated Adult Information form

Instructions

1. Gather necessary information which may be pertinent to your case for stating why you wish to be the legal guardian of another individual. This may include court-ordered documents, a will stating a parent's intent for you to take guardianship of a minor or a listing of the minor's or adult's financial holdings.

2. Fill out the necessary one-sheet information page, depending on whether you are filing for guardianship of a minor or incapacitated adult. Refer back to the resources you gathered in Step 1 to help you fill out the information forms. If you are attempting to obtain guardianship of a minor, you must print and fill out the Guardian of a Minor Information form, and if you are attempting to obtain guardianship for an incapacitated adult, you must print and fill out the Incapacitated Adult Information form.

3. Call your county's courthouse, and schedule a meeting with the court's clerk to submit the paperwork. Bring your paperwork and supporting documentation with you to the meeting as the clerk will want to confirm your answers on the forms.

4. Wait patiently for a response from the court in regards to your request. If the guardianship was court ordered, your request may be immediately approved, and you will receive guardianship documentation in the mail. In more complex situations where you are perhaps fighting other family members for guardianship, you may be required to attend a court hearing to justify your desire to obtain guardianship for another individual.

References

• Virginia Department for the Aging: Guardianship and Conservatorship in Virginia
• Virginia Guardianship Association: Guardianships and Conservatorships
• Commonwealth of Virginia: Guardianship andConservatorship Proceedings Regarding Incapacitated Adults
• Commonwealth of Virginia: Guardianship and Conservatorship Proceedings Regarding Incapacitated Adults
• Commonwealth of Virginia: Instructions - Guardian of Minor Information Form

Resources

• Commonwealth of Virginia: Guardian of a Minor Information Form
• Commonwealth of Virginia: Incapacitated Adult Information Form