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An Uncontested Guardianship Or Conservatorship Can Be Simple With Chong Park

Most petitions seeking an appointment as a guardian or conservator are uncontested because they are brought by a spouse, child(ren), or other relative or loved one who have the ward, or respondent’s consent. In uncontested cases, the petitioner, or her attorney, prepares and files a petition along with a mental health evaluation signed by a licensed mental health professional. The petition must state the reasons why the ward is in need of a guardian and/or conservator, and also allege facts in support of the petitioner’s request to appoint him/her as guardian and conservator.

Mr. Park Will Guide You Through The Court Process

Upon filing the petition, Virginia law requires the Court to appoint a Guardian Ad Litem (“GAL”).  A GAL is a person, typically a local attorney, appointed by the Court to represent the respondent’s best interest during the legal proceedings for the petitioner’s appointment. The GAL is responsible for conducting his/her investigation of the circumstances surrounding the petition, which may include, interviews with the respondent, the petitioner, family members, review of health care records, home visit, etc. Upon the completion of her investigation, the GAL must file with the Court a written report of her findings, investigation, and recommendation to the Court. In the report, the GAL will recommend whether or not the Court should appoint the petitioner as guardian and/or conservator of the Respondent.

Soon after the GAL’s report is filed, the case will be placed on the Court’s docket for a hearing. If all filings are in order, and complies with Virginia law, the Court will grant the petitioner guardianship and/or conservatorship, deny the petition, or continue the case for a later date to give the petitioner an opportunity to correct any irregularities or problems.

After the Court enters the order appointing the petitioner as guardian and conservator, the petitioner will meet with the deputy clerk at the probate office to obtain the certificate of appointment and be sworn in as the respondent’s guardian and conservator.

Get Help With Your Petition Today

If you are looking to get help with your court petition, you can come to the Law Office of Chong C. Park, Esq., PLLC, for your guardianship or conservatorship case. He can guide you through the process and help you at every step of the way. Call his office at 571-247-3219 or send him a message online with a short description of your situation.

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