What are the Different Types of Adult Guardianship in Virginia?
There comes a point in some folks’ lives where they need someone to help them make basic decisions, manage their affairs, and act on their behalf. This is never easy. You may be struggling with questions concerning how to protect their well-being while at the same time honoring their wishes. In Virginia, guardianship provides a legal framework for meeting your loved one’s personal and healthcare needs, but it’s important to understand what options are available.
Making the right decision regarding your loved one’s guardianship depends on their unique circumstances. Some folks will need full support, while others can still make specific decisions with a little guidance. Knowing what the different types of guardianship are for adults in Virginia can help you make the correct choice for your loved one—a choice that balances their protection with their personal freedom.
Types of guardianship for adults in Virginia
Virginia law recognizes several forms of Guardianship. These accommodate different levels of incapacity. The type of guardianship you need will depend on the amount of assistance your loved one requires and their individual circumstances. Below is a list of the different types of guardianship the State of Virginia offers.
- Full (plenary) guardianship – Full guardianship is the most comprehensive form of guardianship in Virginia. It grants the guardian authority over all aspects of an incapacitated person’s personal and healthcare decisions. Further, it covers choices related to medical care, living arrangements, and overall well-being. On the other hand, a full guardian does not control the person’s finances. That responsibility belongs to the conservator unless the court appoints the same individual to both roles. Courts will grant full guardianship when an individual is completely unable to make decisions for themselves due to severe cognitive or physical impairments. This arrangement provides full protection, but it also significantly limits the individual’s independence. This makes it essential to explore less restrictive options when possible.
- Limited guardianship – When an individual can make some decisions on their own but needs assistance in specific areas, the court can appoint a limited guardian. Such an arrangement allows the person to retain as much independence as possible while simultaneously receiving necessary support. When a person struggles with complex decisions, such as healthcare management or living arrangements, limited guardianship may be the best option when they can manage certain aspects of their life. The court will define the precise scope of the guardian’s authority. It will preserve their individual rights when possible.
- Temporary or emergency guardianship – If an adult faces an immediate threat to their health or safety and (at the same time) lacks the ability to protect themselves, the court can appoint a temporary guardian. This solution provides urgent care until a more permanent arrangement can be established. This arrangement usually applies in cases involving medical problems, sudden incapacity, or situations where an individual’s well-being is at risk.
- Public guardianship – If an individual becomes incapacitated without any immediate family to serve as a guardian, the State of Virginia provides public guardianship programs. These programs assign professionals to make decisions on the individual’s behalf, ensuring that they receive the necessary care they require. Public guardianship is almost always considered a last resort. It’s designed for those with no other suitable options for personal support.
Talk to a Virginia Beach Estate Planning Attorney Today
The Law Office of Angela N. Manz represents the interests of Virginia Beach residents who are devising an estate plan or need to establish guardianship of a loved one. Call our Virginia Beach estate planning lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
