Legal Question in Elder Law in Virginia

I need a form that gives rights to the husband of a Alzheimers patient to be able to help with Heath issues, and guardianship of her. He has run out of $$ and needs to be able to get some $$ from a Company that she has in her name for her life insurance. That $$ needed for her care in a nursing home.

Asked on 11/19/10, 9:46 am

2 Answers from Attorneys

Ryan Young Law Office of Ryan C. Young
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In order to get guardianship or conservatorship of an incapacitated person in Virginia, you need to petition the court for an order. This requires more than just a form to fill out. It is difficult to answer this question without knowing the mental and physical situation of the Alzheimer's patient. You should schedule a consultation with an attorney who practices in elder law.

For more information on guardianships in Virginia, you can watch the following video:

http://www.youtube.com/watch?v=hwWy1FVRDXE

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Answered on 11/28/10, 6:48 am
Michael E. Hendrickson Attorney & Counsellor at Law
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A durable Power of Attorney (POA) if the patient is still sufficiently competent to execute one should suffice. If not, the husband is probably looking at having

to file for a conservatorship or guardianship with the local circuit court.

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Answered on 11/28/10, 6:50 am


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