Legal Question in Family Law in Virginia

Re: Adults committed to institutions

If the drug addicted mother has not been charged and convicted of a crime nor subject to adjudication under civil commitment statutes as a mentally ill person who represents a danger to herself or others, the answer to your question is, no.

Re: Adults committed to institutions

Of course if the sujbect person is dangerous an involuntary committement may occcur. However a civil incompentency adjuducation might suffice if the subject is not particularly dangerous.

A partial copy of the related Code Section might be helpful:

"� 37.1-134.8. Who may file petition; contents.

A. Any person may file a petition for the appointment of a guardian, a conservator, or both.

B. A petition for the appointment of a guardian, a conservator, or both, shall state the petitioner's name, place of residence, post office address, and relationship, if any, to the respondent, and, to the extent known as of the date of filing, shall include the following:

1. The respondent's name, date of birth, place of residence or location, social security number, and post office address.

2. The names and post office addresses of the respondent's spouse, adult children, parents and adult siblings or, if no such relatives are known to the petitioner, at least three other known relatives of the respondent, including step-children. If a total of three such persons cannot be identified and located, the petitioner shall certify that fact in the petition, and the court shall set forth such finding in the final order.

3. The name, place of residence or location, and post office address of the individual or facility, if any, that is responsible for or has assumed responsibility for the respondent's care or custody.

4. The name, place of residence or location, and post office address of any agent designated under a durable power of attorney or an advance directive of which the respondent is the principal, or any guardian, committee or conservator currently acting, whether in this state or elsewhere, and the petitioner shall attach a copy of any such documents, if available.

5. The type of guardianship or conservatorship requested and a brief description of the nature and extent of the respondent's alleged incapacity; when the petition requests appointment of a guardian, a brief description of the services currently being provided for the respondent's health, care, safety, or rehabilitation and, where appropriate, a recommendation as to living arrangement and treatment plan; if the appointment of a limited guardian is requested, the specific areas of protection and assistance to be included in the order of appointment, and if the appointment of a limited conservator is requested, the specific areas of management and assistance to be included in the order of appointment.

6. The name and post office address of any proposed guardian or conservator or any guardian or conservator nominated by the respondent, and that person's relationship to the respondent."