To ensure the safety and well-being of your loved ones, you need legal guidance to protect your family, finances, and future. At Melone Hatley, P.C., our Chesapeake guardianship and conservatorship lawyers bring over 20 years of combined experience to every case.
Whether you’re seeking to establish guardianship for a vulnerable family member or need assistance managing a conservatorship, our dedicated attorneys are here to provide compassionate support.
Our team of attorneys works together to ensure your family receives comprehensive support at every stage of the guardianship or conservatorship process. Let our Chesapeake trusts and estates lawyers help you safeguard the future of those who matter most. Call today for a free consultation with our Client Services Coordinator.
Our Chesapeake Guardian and Conservator Lawyer Will Explain Your Responsibilities
Under Virginia law, each role—a guardian and a conservator— serves a unique purpose, and determining which is appropriate depends on your loved one’s specific needs. Our Chesapeake family lawyer at Melone Hatley, P.C. will help you evaluate your situation and decide whether to petition for guardianship, conservatorship, or both.
What Does a Guardian Do?
A guardian is appointed to make personal and non-financial decisions on behalf of an incapacitated individual. These responsibilities may include:
- Deciding where the individual will live (such as in a care facility or at home).
- Ensuring the individual receives proper medical care and treatment.
- Managing day-to-day personal needs, such as food, clothing, and safety.
- Making decisions about education, therapy, and other personal matters.
Guardianship is typically necessary when an individual is unable to make sound decisions about their health and well-being due to conditions such as dementia, intellectual disabilities, or severe mental illness.
What Does a Conservator Do?
A conservator, on the other hand, is responsible for managing the financial affairs of an incapacitated individual. These duties may include:
- Handling income, savings, and investments.
- Paying bills and managing debts.
- Protecting assets and property from misuse or neglect.
- Maintaining financial records and preparing reports for the court.
Conservatorship is often required when an individual is unable to manage their finances due to incapacity but does not necessarily need assistance with personal or medical decisions.
How Our Lawyers Help You Decide
At Melone Hatley, P.C., we understand that every family’s situation is unique. Our Chesapeake, VA, guardianship and conservatorship attorneys will provide the personalized case preparation you need to make an informed decision.
We’ll work closely with you to collect medical records, psychological evaluations, and expert opinions to demonstrate your loved one’s incapacity. Our team may also interview healthcare providers, caregivers, and family members to obtain testimony that highlights your loved one’s needs.
Additionally, we’ll compile financial documents, property records, and other critical information to establish the necessity for a conservator if you decide to petition the court for that role. We will also explore less restrictive options to ensure your loved one retains as much independence as possible while still receiving the care they need.
Our entire legal team collaborates to provide you with comprehensive support, ensuring that you have the right expertise guiding you at every step. Don’t delay in securing the care and protection your loved one needs. Contact us today to schedule your free consultation.
Our Chesapeake Lawyers Will Help You Petition the Court for Guardianship or Conservatorship
Under Virginia Code § 64.2-2007, individuals seeking to establish guardianship or conservatorship must file a formal petition with the court. This petition outlines the need for legal authority to manage the personal, medical, or financial affairs of an incapacitated adult.
Petitioning for guardianship or conservatorship can be overwhelming, but our attorneys at Melone Hatley, P.C. are here to guide you every step of the way.
Assessing Your Case
Our Chesapeake guardianship and conservatorship attorney will evaluate your situation to determine whether guardianship, conservatorship, or both are necessary. Our attorneys will then explain your legal options and help you understand the responsibilities involved in taking on these roles.
Preparing and Filing the Petition
Filing under Virginia law requires detailed documentation, including medical evaluations and evidence of the individual’s incapacity. We will work with you to gather the necessary information and complete the petition to ensure accuracy and compliance with the law.
Representing You in Court
Once we file the petition, the court will schedule a hearing to review the case. Our Chesapeake guardianship and conservatorship attorneys will represent you during this process, presenting evidence and advocating for your loved one’s best interests.
We will demonstrate to the court why guardianship or conservatorship is necessary in your loved one’s case.
Ongoing Guidance and Support
If the court grants the petition, we will thoroughly explain your reporting requirements, helping you manage your loved one’s affairs responsibly.
Whether you’re petitioning for guardianship, conservatorship, or both, our experienced attorneys will ensure the process is handled with care, efficiency, and professionalism.
Chesapeake Guardianship
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Who Is Qualified for the Role of a Guardian or Conservator?
In Virginia, any individual with a legitimate interest in the care and well-being of an incapacitated person may file for guardianship. This often includes family members, such as parents, siblings, or adult children, as well as close friends or caregivers who are actively involved in the individual’s life.
However, filing for guardianship does not guarantee approval. The court makes the final decision and carefully evaluates each petition to ensure it aligns with the incapacitated individual’s best interests.
The court will consider factors such as the petitioner’s relationship with the incapacitated person, their financial stability, their ability to fulfill the duties, and any existing legal documents such as powers of attorney or medical directives.
In some cases, the court may appoint a Guardian Ad Litem (GAL) to independently assess the situation and provide recommendations. The GAL’s report helps ensure that any guardianship or conservatorship decision serves the best interests of the incapacitated person.
Filing for guardianship or conservatorship is a significant legal responsibility. Consulting with our attorneys at Melone Hatley, P.C. can help you determine if you qualify and ensure that your petition is as strong as possible before filing. We are here to support you in making the best decision for your loved one.
Our Chesapeake, VA, Guardianship and Conservatorship Attorneys Offer Client-Focused Services
Hiring the attorneys at Melone Hatley, P.C. means choosing an experienced and client-focused legal team. Founded in 2014, our woman-owned family law firm has handled thousands of divorce, child custody, and child support cases, as well as numerous guardianship and conservatorship cases, ensuring loved ones receive the care and protection they deserve.
What sets us apart is our team-oriented approach—you won’t just work with one attorney; you’ll have an entire team assigned to your case, led by a dedicated lead attorney.
Our collaborative strategy includes attorneys with expertise in family law, paralegals who assist with detailed preparation, and client service coordinators who are always available to address your concerns. This ensures every aspect of your case is handled with care and precision.
Understanding guardianship and conservatorship under Virginia law can be challenging, but our attorneys are well-versed in relevant statutes to ensure you’re properly protected. We invite you to view our client testimonials to get a better idea of the attention to detail we afford each case.
Contact Melone Hatley, P.C., for Help Applying for Guardianship or Conservatorship
At Melone Hatley, P.C., our Chesapeake guardianship and conservatorship lawyers are dedicated to helping you protect the well-being and future of your loved ones.
With over 20 years of combined experience, we provide the legal knowledge and support needed to guide you through every aspect of the process.
From determining the appropriate petition to gathering evidence and representing you in court, our attorneys are committed to providing compassionate, effective legal support for your family.
Don’t wait to secure the care and protection your loved one needs. Contact Melone Hatley, P.C. today for a complimentary consultation with our Client Services Coordinators and take the first step toward securing the care and protection your loved one deserves.
