>>Disclaimer!<<

The following forms are those that the author has found useful in his practice; even if the laws of Virginia are uniform, practice from one area to another (and one judge to another) varies. And forget any relationship to the laws of any other state. Therefore, use of any of the stuff on this site is at the sole risk and responsibility of the user, and in no way creates or implies an attorney client relationship with the author, his firm, staff, or even his dog. And isn't it silly that we have to cover our *(&%$ with disclaimers in case some fool wants to blame us when they screw up?   Oh, and using this site means you agree.

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A lot of Hart and Hart's practice is "Fiduciary", that is, one person having legal control or access to another person's money with the duty to spend it on or for that person. There is an emphasis on adult guardianships, and a number of forms were developed that make it more efficient. Others have asked for copies, so for those who want to see them, they follow.  Use of any form on this site is acknowledgement of the disclaimer above and elsewhere.

Unfortunately, many people don't plan to be disabled, or don't trust anyone enough to give them a power of attorney. Thus, we have to go to a Guardianship (in Virginia, legal control over the Person) and Conservatorship (in Virginia, legal control over the Property). Note that other states may call it something else; that's their problem. The following forms I've developed for use in the process to make it easier (and cheaper). They're intended primarily for lawyers; lay folks (that means those NOT lawyers) may look at them but should not use them.

I have recently prepared an outline of the nuts and bolts of how to process a guardianship proceeding.  It is here.

I am also working on two checklists of functional issues in daily life -- one for personal care, one for interaction; your review and comment is appreciated; it is here.

Following are forms to process a guardianship.  They're mostly for other lawyers. These forms are NOT perfect. They simply work in my geographic area. I welcome, invite and, even, BEG for suggestions to improve them. You can email me using the address of "rch" at the same domain as this website.

Forms marked "CLIENT" are the ones any lawyer would want for the initial interview in order to evaluate the matter before proceeding with court action. those marked ATTY: are simply forms I use to communicate with clients, guardians ad litem, or the court. The forms we use were created in Microsoft Word 97 (c) format; links below bring up a *.pdf document. If you want a Word97 (c) or text version (not all documents are available as txt), the file extension is *.doc or *.txt.

Description  (all updated 10-15-08 unless noted)	PDF
Checklist for process appointing gdn/cons (why lawyers get the bucks they do!) as well as a list of forms	gdn-cklist
CLIENT: "Intake" or office interview form for petitioner's attorney	gdn-intrview
CLIENT: Medical certification form for doctor to complete. update 7-21-2010	gdn-medcert
Top Rules for conservators -- follow these and keep out of trouble	gdn-consrule
Petition to appoint guardian and conservator	gdn-petition
Order of Appointment for guardian ad litem with HIPAA language (see note below)	gdn-galorder
Notice to the "respondent"	gdn-noticeward
Notice to the respondent's family	gdn-noticefam
Certificate of Compliance	gdn-certcompl
Sample Order appointing guardian and conservator	gdn-gdnorder
Sample response (answer & report) of Guardian ad litem	gdn-galresp
ATTY: Court coversheet (pdf only)	gdn-ctcover
ATTY: Cover letter to GAL w/ package	gdn-galcvltr
ATTY: Cover letter to client reminging of hearing	gdn-petcvltr
ATTY: Data sheet to help clerk at qualification	gdn-clerkinfo
various phrases for situations that arise, for inclusion into guardian & conservator orders (older form)	MiscPhrase.pdf
checklist for visit to nursing home by guardian (older form)	VisitCkLst.pdf
commentary by author of these forms of how and why  (older)	Comment.pdf
OTHER Virginia laws that affect individuals subject to a guardianship (older)	OTHERlaw.pdf
Title 37.2 of Virginia Code (guardianship law) as of July 1, 2008	gdn-vacode

NOTE:  there has been some question about HIPAA privacy stuff.  (Personally, I think HIPAA has added TWO BILLION DOLLARS per year to the cost of health care without a corresponding benefit)  The link to the page of the regs where I think this is covered is http://www.hipaadvisory.com/regs/finalprivacy/512.htm.  Look at 164.512(e)(1)(i) -- I have tried to draft the GAL order to include this.