Guardianship Resources

Contact Shawn Majette as Guardian –
Non Emergency Reporting Instructions

Death:  Notice to Law Enforcement & Request for Disposition of Unclaimed Human Body (See Virginia Code Section 32.1-309.2)

Guardianship Generally

 Virginia State Bar’s Summary of Rights, Duties and Liabilities of Guardians and Conservators
Suggested Report of Incapacity for Physician’s Completion (Guardianship)
 Involuntary Civil Commitment and Guardianship in Virginia

Involuntary adult mental health treatment is different from guardianship. Just because an adult has been adjudicated an incapacitated person doesn’t mean that the guardian can consent to mental health treatment when the incapacitated person objects, with one exception.
Involuntary mental health treatment requires process pursuant to established civil commitment statutes unless the circuit court authorizes the guardian to effect involuntary of compliance with Va. Code § 64.2-2009 (C) and Va. Code § 37.2-805.1 (B).  The court can confer this authority in the original order of guardianship or the guardian can petition for a supplemental grant at any time during the guardianship.

Health Care Reporting Instructions
for Nursing Homes and Assisted Living Facilities
to report non-emergency health care events to R. Shawn Majette
as guardian or health care agent.

Guardians Ad Litem

Virginia Judicial System Guardian ad Litem site

Qualified Guardians Ad Litem for Adult Incapacity Hearings
Virginia Guardianship Association 2001 GAL Order (for historical purposes only)

Guardian/Conservator Forms

Official Virginia Conservatorship Inventory Form
Official Virginia Conservatorship Accounting Form
Official Virginia Annual Guardian Report Form
All Fiduciary Forms for Conservators
Virginia Circuit Court Forms List

Guardianship Is A Serious Responsibility

Va. Code § 18.2-369, Abuse and neglect of incapacitated adults
In the 2004 opinion of the Va. Court of Appeals, Com. v. Correll, Record No. 3387-02-3, the Court held that the relationship of guardian, and the undertaking of care as primary custodian, was sufficient to trigger criminal liability for the death of the guardian’s severely malnourished ward (Ms. Paxton, the guardian’s mother) under Sec. 18.2-369.The Court found that “[t]he evidence in this record, when considered in its totality, demonstrates that Correll was clearly capable of comprehending the seriousness of Paxton’s condition, as well as her need for constant and immediate care. In fact, Correll had cared for Paxton for years prior to her death, and had specifically cared for Paxton in relation to her weight problem and the various bedsores that she had developed over the years. Thus, we simply cannot hold that the trial court’s finding of willful and knowing neglect was plainly wrong. Indeed, testimony given during the trial established that Correll acknowledged Paxton was not being properly cared for prior to her admission to the hospital and that those ‘ problems’ were what prompted the investigation by Bedford County Social Services.”  Va. Code § 37.2-1020, Duties and powers of guardian,[now Va. Code § 64.2-2019 provides in pertinent part that a “guardian stands in a fiduciary relationship to the incapacitated person for whom he was appointed guardian and may be held personally liable for a breach of any fiduciary duty to the incapacitated person. A guardian shall not be liable for the acts of the incapacitated person, unless the guardian is personally negligent.”The Court’s order establishes the fiduciary relationship, and defines its limits.  The Correll case emphatically underscores the importance of counsel for the guardian (as opposed to counsel for the petitioner or the incapacitated person), and that counsel representing the proposed guardian should insist that the order specifically detail the duties and liabilities of the guardian, especially when the guardian contracts with third parties (such as congregate facilities licensed by the Commonwealth) for care of the ward.