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

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:

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Answered on 11/28/10, 6:48 am
Michael E. Hendrickson Attorney & Counsellor at Law

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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