What Happens If My Adult Disabled Child’s Guardian Quits?

As a Virginia guardianship lawyer, I can tell you that being a guardian of an incapacitated adult is a lot of work. It is the guardian’s job to make sure that the needs of an individual with disabilities are met. These responsibilities can include everything from making sure the individual has a safe place to live, to making sure they have access to proper medical care.  It can also include overseeing issues pertaining to quality of life, such as enrolling the individual in fun or stimulating activities or providing access to entertainment. Given the amount of work required, it is not surprising that sometimes a guardian will express a desire to resign.   But, can they just quit? Can a new guardian just take over? Does the court need to approve the new guardian? The answer is that a guardian can not simply walk away from his or her duties and arbitrarily hand over the reins to someone else.  If a guardian is no longer able or willing to serve, a…

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