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How do I get a form for a power of attorney for my mentally handicapped adult children?

How do I get a form for a power of attorney for my mentally handicapped adult children?

Q: Can I create a power of attorney for my child with disabilities?

You can create a power of attorney for your child with disabilities only if they are mentally competent to understand the agreement. If they cannot comprehend the implications, you may need to consider establishing guardianship instead.

Q: What are the steps to file for guardianship?

To file for guardianship, you typically need to complete a petition, provide evidence of the individual's incapacity, and attend a court hearing. The court will assess whether guardianship is necessary and in the best interest of the person with disabilities.

Q: How long does the guardianship process take?

The guardianship process can vary in duration, typically taking several weeks to a few months. Factors include court schedules, the complexity of the case, and whether there are any objections from interested parties.

Q: What are the responsibilities of a guardian?

A guardian is responsible for making decisions about the ward's personal care, medical treatment, and finances. They must act in the best interest of the individual and report to the court as required.

Full question:

How do I get a form for a power of attorney for my mentally handicapped adult children?

Category: Guardianship
Date: 04/07/2025
State: Virginia

Answer:

A person appointing an attorney-in-fact (i.e., granting a power of attorney)
must be mentally and legally competent to appoint such a person to act
on his or her behalf. Otherwise, the appointment is voidable. If the person
does not have the mental capacity to understand that an agreement is being
made or the general nature of the agreement, the person lacks contractual
capacity. You need to open a guardianship or conservatorship for each
child. Sample forms can be found at the following websites:

Petition for Guardianship:

http://www.uslegalforms.com/va/VA-CC-023-01.htm

Petition for Conservatorship:

http://www.uslegalforms.com/va/VA-CC-057-01.htm

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the difference between power of attorney and guardianship?

Power of attorney allows a person to make decisions on behalf of another who is mentally competent. Guardianship is for individuals who lack the capacity to make decisions for themselves. In cases where an adult child with disabilities cannot understand a power of attorney, guardianship may be necessary to ensure their needs are met legally.