Guardianship For Incapacitated Parent

Summary

If no Power of Attorney or healthcare proxy is in place, you may need to apply for legal guardianship to make decisions for an incapacitated parent. This involves filing a petition in the local Circuit Court, possibly attending a court hearing, and potentially needing a lawyers assistance. In urgent cases, consider emergency guardianship. Contact the local Circuit Court in Danville, Virginia, for guidance. Consulting a local attorney is advisable to understand your full legal rights and options.

Full Conversation

My name is Sharon
Hi Sharon, it's important to know if your father designated a Power of Attorney (POA) or healthcare proxy. If not, you might need to apply for guardianship to make decisions for him. Could you confirm if there's a POA or healthcare proxy in place?
There's no legal attorneys there's no power attorney there's nothing like that
Hi Sharon, without a Power of Attorney in place, you may need to apply for legal guardianship to make decisions for your father. The process may vary depending on your location. Could you confirm if you're in Virginia?
I live in Danville Virginia
Hi Sharon, in Virginia:
- A legal guardian can be appointed by the court to make decisions for someone who can't do so themselves.
- You should contact the Virginia Circuit Court in your county to start the process.
- There might be a need for a court hearing.
- You might need a lawyer's help.
Says I would have to go to the process before I can take over
Yes, Sharon, that's correct. You'll need to go through a legal process to be appointed as your father's guardian. This typically involves:
- Filing a petition in your local Circuit Court
- A court hearing
- Possibly needing a lawyer's assistance.
But he's on his last days there's no guarantee that he might say that I can wait for a court date
I understand your urgency, Sharon. You may consider an emergency guardianship which is faster but temporary. It's granted when the court believes the person is in imminent danger. Contact your local Circuit Court in Danville for the procedure.
He's not in danger it's just the fact that she moved him in with a stranger with his last day she be spent with his family so you know I just feel this wrong and she does not even live here to be close with him to even make any kind of decisions or make sure that he's well taken care of
I understand your concern, Sharon. In this case, it's still advisable to contact the local Circuit Court in Danville. They can provide guidance on how to proceed in this situation to ensure your father's best interest.
Okay thank you so much
You're welcome, Sharon. If you have any more questions or need further clarification, feel free to ask. Remember, it's always advisable to consult with a local attorney to understand your full legal rights and options. Best of luck.