If the Court finds the person incapacitated or incompetent, it appoints a guardian or a committee. Usually, the Court appoints a friend or relative, over the age of 18, of the incompetent or incapacitated person. A recent change in Virginia law no longer requires Virginia residency for a guardian in every circumstance. Most of the time, but not necessarily all of the time, the guardian may be the person who filed the petition in the Circuit Court. It is also possible that the Court may name an organization or, in some limited circumstances, the County Sheriff as the guardian.
Guardianship deprives the ward of legal rights.
Because of this, it is a drastic action to take and may be an emotionally painful experience for everyone involved. If you ever consider becoming a guardian over an adult, make sure that the guardianship is absolutely necessary and that the order appointing you permits the ward to retain as many legal rights as possible. It is best to always plan ahead and avoid the need for guardianship if at all possible. Guardianship is time-consuming, costly, and restrictive. With a Durable Power of Attorney, you can choose for yourself the person you want to act for you should you become incapacitated.