Guardianship Experiences from Local Families
At Clay Law, we assist families who have special needs children. Once these children turn 18, it can be difficult and sometimes impossible for their parents to continue to protect them and make decisions on their behalf. When an autistic or other special needs child is within six months of his or her 18th birthday, the parents can file a guardianship petition to allow them to continue to care for and advocate for their child.
We also represent families with loved ones who are no longer able to effectively manage their medical, legal and or financial affairs. Deciding to file for guardianship and or conservatorship can be emotionally challenging and draining, but it is often necessary to assist and protect a loved one. Below are summaries of cases that we have handled in the Richmond area. The names and details have been altered to protect the privacy of the clients and their families.
Recently, we represented a grandmother in Prince George Circuit Court. She contacted us because her autistic grandson, Jeb, was 21 years old and was not receiving adequate care from his parents. After meeting with the client, listening to her concerns, and gathering information, we prepared several legal documents including a petition for guardianship, and we asked the court to appoint a guardian ad litem to represent Jeb. The guardian ad litem met with our client, other family members and Jeb. The guardian ad litem filed a report with the court recommending that our client become Jeb’s legal guardian. After a hearing, the judge granted our petition for guardianship. Our client received a certified copy of the guardianship order and all the legal documentation that she needed to protect Jeb, obtain medical care and make legal decisions on his behalf.
Currently, we are representing a family in Richmond Circuit Court. Our clients’ daughter, Meghan, will turn 18 in a few months. Since Meghan is within 6 months of her 18th birthday, we were able to file the petition for guardianship now instead of waiting until she is an adult. Meghan has some developmental delays and is likely to be in high school until she turns 21. Meghan’s parents were concerned that dishonest individuals could take advantage of Meghan and deprive her of the resources that she needs. With a court order appointing them as Meghan’s legal guardians, our clients will have no difficulty taking Meghan to the doctor, making educational decisions and ensuring that her resources are used for her benefit.
A few months ago, a family contacted Clay Law to assist with guardianship and conservatorship of their mother, Mrs. White, who was living alone and forgetting to take her medication, making threats at doctors’ appointments and withdrawing thousands of dollars from her bank accounts every month. Although Mrs. White was able to feed, clothe and bathe herself, she needed assistance with basic decision making, medical care and financial management. We filed petitions for guardianship and conservatorship in Henrico Circuit Court. Once the guardianship and conservatorship petitions are granted, Mrs. White’s adult children will be able to manage her medical care and protect her from financial exploitation.
After a guardianship petition is granted, the person who has come under the guardianship (respondent or ward) will usually lose the right to possess a firearm and in many instances will lose the right to drive and the right to vote. The legal guardian must file a report with the court every year that states how the person is doing. The legal guardian should allow the respondent or ward to maintain relationships with friends and family and to participate in decision making if he or she is able to do so.
These are just some of the families that we are assisting at Clay Law. Every case is unique. We listen carefully and diligently advocate on our clients’ behalf. Clay Law is available to represent families in guardianship and conservatorship matters throughout the Greater Richmond area including Petersburg, Colonial Heights, Hopewell and Prince George County. When you need a guardianship attorney in the Richmond area, contact us for compassionate and attentive service.
