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Commonly Asked Questions about Parental Guardianship Forms

Guardianship can be a challenging but rewarding role, and there are many benefits to being a guardian. Benefit 1: Providing Care and Protection. Benefit 2: Legal Empowerment. Benefit 3: Skill Development. Benefit 4: Family Cohesion. Benefit 5: Social Recognition and Respect. Benefit 6: Networking with Legal Entities.
The guardian steps into the shoes of an incapable person and makes personal care decisions when necessary. These need to be made carefully and sensitively. Personal care decisions can include decisions about where to live, what to eat, safety, clothing, personal hygiene and healthcare, including treatment.
Any person may file a petition with a Virginia Circuit Court alleging that there is an incapacitated Virginia resident who needs to have a guardian or conservator appointed to manage some or all of his affairs. The person alleged to be incapacitated in the petition is called the respondent. Adult Guardianship and Conservatorship - Virginia Legal Aid valegalaid.org resource adult-guardiansh valegalaid.org resource adult-guardiansh
A guardian of the estate owes a fiduciary duty to the child. This means that the guardian must exercise special care in managing the childs money and property and must manage them only in the childs interest. The guardian may not use the childs money to benefit themselves or anyone else except the child.
There may be an unnecessary infringement of the alleged incapacitated persons privacy, freedom and loss of decision-making authority. The appointed guardian may over time become overly protective, dominating and arbitrary.