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A guardianship or conservatorship can be terminated or modified if the incapacitated person's condition changes. This requires another petition and hearing in circuit court. A new guardian or conservator could be substituted if the guardian or conservator that was originally appointed can no longer serve.

A Power of Attorney (PoA) can be revoked while the principal is mentally sound. If the principal passes away, it is automatically canceled. To revoke a PoA, the principal must provide written notice to the agent, sign the document in the presence of a notary public, and deliver it to the agent.

Article 2 (§ 64.2-2105 et seq.) of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act provides the exclusive jurisdictional basis for a court of the Commonwealth to appoint a guardian or conservator for an adult.

Petition: Any person may file a petition with a Virginia circuit court stating that a Virginia resident needs a guardian or conservator to manage some or all of his/her affairs. This person is called the petitioner. The person claimed in the petition to need a Guardian or a Conservator is called the respondent.

In general, the court may grant the guardian the power to make medical decisions, determine living arrangements, social settings, manage property, and handle financial affairs such as banking, investments, and expenses, including household and long-term care costs and taxes.

A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.

Allows a parent or guardian to delegate temporary custody of a minor child for 180 days by signing and having notarized a power of attorney.

An Adult is considered a Legally Incapacitated Individual (LII) when the individual lacks sufficient understanding or capacity to make or communicate informed decisions about his or her personal well-being because of impairment by reason of either; ? Mental Illness. ? Mental deficiency. ? Physical Illness.

Any person may file a petition with a Virginia Circuit Court alleging that there is an incapacitated Virginia resident who needs to have a guardian or conservator appointed to manage some or all of his affairs. The person alleged to be incapacitated in the petition is called the respondent.