Virginia General Assembly Signals More Oversight of Guardianships
Guardianships and Conservatorships are an important tool for family members that are concerned about their loved ones’ ability to take care of their personal affairs and finances. These proceedings can allow someone to request that a Court permit them to manage their family member’s bank accounts and make important medical decisions if they are unable to make those decisions for themselves. However, there has been increased scrutiny of the Guardianship and Conservatorship process in light of some high profile cases around the United States. As a result, the states are passing new laws to make sure that only people that have their family’s best interest at heart are appointed.
New law increases responsibility and oversight. Last year, the General Assembly had passed amendments to the Guardianship and Conservatorship process that permitted annual court reviews to make sure that the right decisions are being made for the family member. The new law that was proposed simultaneously in the House and the Senate requires now that anyone who wants to file a petition for guardianship or conservatorship must also file a “cover sheet” detailing specific information for the court. The new law also makes it a requirement that the Guardian file an initial report four (4) months after the initial appointment.
What is this new cover sheet and what will be required? Although we do not have all the details on this new cover sheet and the Office of the Executive Secretary can make amendments to it from time to time under the new law, the cover sheet will likely require the person filing the petition to disclose all of the familial and financial information of the family member they want to protect. The logic behind this change is to make sure that everyone is fully informed and has an opportunity to raise concerns or propose alternative caregivers or care plans for the Court. We will know more about what this information will entail after the law is passed.
If you are considering applying for Guardianship or Conservatorship, you need to make sure that you have an attorney that keeps updated on these evolving requirements to make sure you can act quickly to take care of your family.