Virginia courts appoint a guardian to oversee an incapacitated adult. When that happens, family members often assume that this person can make all the important decisions of life, but that is not always the case. When a guardian handles many personal choices of an individual, the court sets strict boundaries based on the person’s circumstances.
Knowing these legal limits can help a family avoid any confusion when they start serving in this role.
The court decides what a guardian can do
Virginia probate courts do not give the same authority to every guardian. Instead, the court outlines the role and responsibility the guardian will have. The court might give more authority in some cases. In other cases, the court might limit a guardian’s role so the individual can continue making some decisions independently.
Because every situation is unique, a family must read the court papers carefully instead of assuming that it covers every aspect of a person’s life.
A guardian’s authority is not unlimited
Depending on the court’s order, a guardian usually makes decisions that involve:
- Medical treatment and healthcare choices
- Living arrangements and housing placements
- Personal care and day-to-day choices
However, a guardian’s authority might also have limits. Existing legal documents, like a valid advance medical directive or a durable power of attorney, remain active. A guardianship cannot simply override those documents without separate permission from a judge. The courts also preserve some decision-making rights if the individual can still exercise them.
Understanding the role before making decisions
Stepping up as a guardian involves more than just making decisions for someone. It also means respecting the authority granted by the court while acting in the incapacitated person’s best interest.
Families can feel much more confident when they understand both the responsibilities and the limits that come with guardianship. If questions arise about what a guardian can and cannot do, seeking legal guidance can help clarify how the court’s order applies to a particular situation.
