IN THE CIRCUIT COURT OF [COUNTY/CITY], VIRGINIA
(PROBATE/CHANCERY DIVISION)
IN RE: GUARDIANSHIP OF
[RESPONDENT FULL LEGAL NAME]
(an Alleged Incapacitated [Person/Minor])
Civil Action No.: ____
PETITION FOR APPOINTMENT OF [LIMITED/PLENARY] GUARDIAN
[// GUIDANCE: Replace bracketed text with matter-specific information. Remove any provisions not applicable to the facts (e.g., “Minor” vs. “Adult Incapacitated Person,” “Limited” vs. “Plenary” guardianship).]
TABLE OF CONTENTS
- Document Header
- Definitions
- Jurisdiction, Venue & Standing
- Allegations of Incapacity / Minority
- Identification of Interested Parties
- Proposed Guardian’s Qualifications & Consent
- Bond & Surety Request
- Relief Requested (Operative Provisions)
- Representations & Warranties
- Covenants & Ongoing Duties
- Default, Removal & Remedies
- Risk Allocation
- Dispute Resolution & Forum Selection
- General Provisions
- Verification & Execution Blocks
1. DOCUMENT HEADER & INTRODUCTORY RECITALS
Comes now [PETITIONER NAME] (“Petitioner”), by counsel, pursuant to the guardianship statutes of the Commonwealth of Virginia and Rule 3:2 of the Rules of the Supreme Court of Virginia, and respectfully petitions this Court for entry of an Order appointing [PROPOSED GUARDIAN NAME] as [Limited/Plenary] Guardian of [RESPONDENT NAME] (“Respondent”), and in support thereof states as follows:
2. DEFINITIONS
For purposes of this Petition, the following capitalized terms shall have the meanings set forth below:
“Bond” means the fiduciary bond required of a guardian under Virginia law, conditioned upon faithful discharge of duties, and payable to the Commonwealth for the benefit of Respondent.
“Guardian” means the fiduciary appointed by this Court to exercise powers over Respondent as set forth in the Order of Appointment.
“Interested Party” means any individual or entity entitled to notice of these proceedings under applicable Virginia guardianship statutes, including without limitation Respondent’s spouse, adult children, parents, adult siblings, or any person identified in a Durable Power of Attorney or Advance Medical Directive.
“Limited Guardian” means a guardian whose authority is restricted to the specific areas enumerated in the appointing order.
“Minor” means an individual who is under eighteen (18) years of age and has not been legally emancipated.
[// GUIDANCE: Add, delete, or edit terms to match case posture.]
3. JURISDICTION, VENUE & STANDING
3.1 This Court has subject-matter jurisdiction over guardianship proceedings pursuant to Va. Const. art. VI § 1 and the statutes governing fiduciary matters.
3.2 Venue is proper in this Circuit Court because:
(a) Respondent resides in [COUNTY/CITY]; OR
(b) Respondent is presently located within this jurisdiction and owns real or personal property herein.
3.3 Petitioner has standing to file this Petition as [relationship to Respondent] and an Interested Party under Virginia law.
4. ALLEGATIONS OF INCAPACITY / MINORITY
4.1 Respondent is a [age]-year-old [adult/minor] who [facts establishing incapacity or minority].
4.2 Attached hereto as Exhibit A is the Evaluation Report of [LICENSED PHYSICIAN/PSYCHOLOGIST] dated [DATE], concluding that Respondent is incapable of managing his/her personal affairs and requires the appointment of a Guardian.
[// GUIDANCE: For a minor, replace medical evaluation with birth certificate or other proof of age.]
5. IDENTIFICATION OF INTERESTED PARTIES
5.1 A complete list of names, addresses, relationship to Respondent, and whether each party objects or consents is attached as Exhibit B.
5.2 Petitioner certifies that all persons entitled to notice will be served with (i) a copy of this Petition, (ii) the attached Exhibits, and (iii) any issued Notice of Hearing, within the statutory time frames.
6. PROPOSED GUARDIAN’S QUALIFICATIONS & CONSENT
6.1 [PROPOSED GUARDIAN NAME] is [age] years old, resides at [ADDRESS], and is [relationship] to Respondent.
6.2 Proposed Guardian is not disqualified under any statutory provision, has no adverse interests to Respondent, and is willing and able to serve.
6.3 A fully executed Guardian’s Consent & Acceptance of Duties is attached as Exhibit C.
7. BOND & SURETY REQUEST
7.1 Petitioner requests that the Court set Bond in the initial amount of $[AMOUNT], with [corporate surety/personal sureties/waiver of surety pursuant to statute].
7.2 Petitioner further requests leave to apply for modification of the Bond amount should Respondent’s assets or risk exposure materially change.
8. RELIEF REQUESTED (OPERATIVE PROVISIONS)
Petitioner prays that the Court enter an Order that:
(a) Finds Respondent to be an [incapacitated person/minor] as defined by law;
(b) Appoints [PROPOSED GUARDIAN NAME] as [Limited/Plenary] Guardian of Respondent;
(c) Specifies the Guardian’s powers, including but not limited to:
1. Consent to medical, surgical, dental, and psychiatric treatment;
2. Determine residence within the Commonwealth;
3. Access to educational, financial, and health records;
4. [Any limited powers—e.g., educational decisions only];
(d) Requires filing of annual Guardianship Reports and, if applicable, annual accountings;
(e) Sets Bond as requested in Section 7;
(f) Authorizes issuance of Letters of Guardianship;
(g) Grants such other and further relief as the Court deems just.
9. REPRESENTATIONS & WARRANTIES
9.1 Petitioner represents that all factual statements herein are true and correct to the best of Petitioner’s knowledge, information, and belief.
9.2 Petitioner warrants that no material fact relevant to the Court’s determination has been omitted.
9.3 These representations survive dismissal, withdrawal, or substitution of Petitioner until entry of a final Order.
10. COVENANTS & ONGOING DUTIES
10.1 Guardian shall at all times act in Respondent’s best interests and in accordance with fiduciary duties imposed by law.
10.2 Guardian shall submit:
(a) Initial Guardianship Plan within sixty (60) days of qualification;
(b) Annual written reports on Respondent’s condition and Guardian’s actions;
(c) Immediate notice to the Court of any change in Respondent’s residence, health status, or assets materially affecting the Bond.
10.3 Guardian shall not:
(a) Place Respondent in a more restrictive residential setting unless medically necessary;
(b) Delegate guardianship powers without Court approval;
(c) Expend or commingle Respondent’s funds except as expressly authorized.
11. DEFAULT, REMOVAL & REMEDIES
11.1 Grounds for Removal: Neglect of duty, mismanagement of assets, failure to file required reports, or any act contrary to Respondent’s best interests.
11.2 Procedure: Upon verified motion by an Interested Party or sua sponte, the Court may issue an Order to Show Cause, require accountings, suspend powers, or remove Guardian.
11.3 Remedies: Surcharge, forfeiture of Bond, costs, and attorneys’ fees in favor of Respondent or the Commonwealth.
12. RISK ALLOCATION
12.1 Indemnification: Guardian shall be personally liable and shall indemnify Respondent for losses arising from willful misconduct, gross negligence, or breach of fiduciary duty.
12.2 Bond proceeds shall be first applied to indemnify Respondent before recourse to Guardian’s personal assets.
12.3 Insurance: Guardian shall obtain and maintain fiduciary liability insurance in an amount not less than $[AMOUNT], naming Respondent as a loss payee, unless waived by the Court.
13. DISPUTE RESOLUTION & FORUM SELECTION
13.1 Governing Law: All matters arising hereunder shall be governed by the laws of the Commonwealth of Virginia.
13.2 Exclusive Forum: The Circuit Court for [COUNTY/CITY], Virginia, Probate/Chancery Division, shall retain exclusive jurisdiction.
13.3 Arbitration: Not available for guardianship matters.
13.4 Jury Waiver: No jury is available in proceedings governed by the Probate jurisdiction of this Court.
13.5 Injunctive Relief: The Court retains inherent authority to issue protective orders as necessary to safeguard Respondent.
14. GENERAL PROVISIONS
14.1 Amendment: This Petition may be amended only by leave of Court.
14.2 Severability: If any portion of this Petition is determined unenforceable, the remainder shall remain in full force.
14.3 Integration: This Petition, together with its Exhibits, constitutes the entire pleading of Petitioner regarding the relief sought.
14.4 Electronic Signatures: Permitted pursuant to Va. Sup. Ct. R. 1:17.
15. VERIFICATION & EXECUTION BLOCKS
15.1 Petitioner’s Verification
I, [PETITIONER NAME], do hereby swear or affirm under penalty of perjury that the facts stated herein are true and correct to the best of my knowledge, information, and belief.
Date: __
Signature: ____
Printed Name: ____
15.2 Counsel of Record
Respectfully submitted,
[LAW FIRM NAME]
By: ______
[ATTORNEY NAME] (VSB No. _____)
[ADDRESS] | [PHONE] | [EMAIL]
Counsel for Petitioner
15.3 Certificate of Service
I hereby certify that on this _ day of _, 20, a true copy of the foregoing Petition and all Exhibits was served via [method] upon all Interested Parties listed in Exhibit B.
Signature: _______
15.4 Notary Acknowledgment (if required)
Commonwealth of Virginia
County/City of ____
Subscribed and sworn before me this day of _, 20, by [NAME].
Notary Public: ____
My commission expires: ___
Registration No.: ________
[// GUIDANCE: Attach all referenced Exhibits (A—Medical Evaluation, B—Interested Parties List, C—Guardian’s Consent, D—Proposed Order) in pleading paper format. Ensure that each page is consecutively numbered, that sensitive information complies with Va. Sup. Ct. R. 1:22 (Privacy Protection), and that all service and notice requirements of the guardianship statutes are satisfied.]