A person becomes a guardian of an incapacitated person by a parental or spousal appointment or upon appointment by the Court. The guardianship continues until terminated, without regard to the location of the guardian or ward.
(a) A parent, by will or other signed writing, may appoint a guardian for an unmarried child who the parent believes is an incapacitated person, specify desired limitations on the powers to be given to the guardian, and revoke or amend the appointment before confirmation by the Court. (b) An individual, by will or other […]
(a) The appointment of a guardian under section 5-302 becomes effective upon the death of the appointing parent or spouse, the adjudication of incapacity of the appointing parent or spouse, or a written determination by a physician who has examined the appointing parent or spouse that the appointing parent or spouse is no longer able […]
(a) An individual or a person interested in the individual’s welfare may petition for a determination of incapacity, in whole or in part, and for the appointment of a limited or unlimited guardian for the individual. (b) The petition must set forth the petitioner’s name, residence, current address if different, relationship to the respondent, and […]
(a) Upon receipt of a petition to establish a guardianship, the Court shall set a date and time for hearing the petition and appoint a visitor. The duties and reporting requirements of the visitor are limited to the relief requested in the petition. The visitor must be an individual having training or experience in the […]
At or before a hearing under this part, the Court may order a professional evaluation of the respondent and shall order the evaluation if the respondent so demands. If the Court orders the evaluation, the respondent must be examined by a physician, psychologist, or other individual appointed by the Court who is qualified to evaluate […]
The written report of a visitor and any professional evaluation are confidential and must be sealed upon filing, but are available to: (1) the Court; (2) the respondent without limitation as to use; (3) the petitioner, the visitor, and the petitioner’s and respondent’s lawyers, for purposes of the proceeding; and (4) other persons for such […]
(a) Unless excused by the Court for good cause, the proposed guardian shall attend the hearing. The respondent shall attend and participate in the hearing, unless excused by the Court for good cause. The respondent may present evidence and subpoena witnesses and documents; examine witnesses, including any court-appointed physician, psychologist, or other individual qualified to […]
(a) A copy of a petition for guardianship and notice of the hearing on the petition must be served personally on the respondent. The notice must include a statement that the respondent must be physically present unless excused by the Court, inform the respondent of the respondent’s rights at the hearing, and include a description […]
(a) Subject to subsection (c), the Court in appointing a guardian shall consider persons otherwise qualified in the following order of priority: (1) a guardian, other than a temporary or emergency guardian, currently acting for the respondent in the Virgin Islands or elsewhere; (2) a person nominated as guardian by the respondent, including the respondent’s […]
(a) The Court may: (1) appoint a limited or unlimited guardian for a respondent only if it finds by clear and convincing evidence that: (A) the respondent is an incapacitated person; and (B) the respondent’s identified needs cannot be met by less restrictive means, including use of appropriate technological assistance; or (2) with appropriate findings, […]
(a) If the Court finds that compliance with the procedures of this part will likely result in substantial harm to the respondent’s health, safety, or welfare, and that no other person appears to have authority and willingness to act in the circumstances, the Court, on petition by a person interested in the respondent’s welfare, may […]
(a) If the Court finds that a guardian is not effectively performing the guardian’s duties and that the welfare of the ward requires immediate action, it may appoint a temporary substitute guardian for the ward for a specified period not exceeding six months. Except as otherwise ordered by the Court, a temporary substitute guardian so […]
(a) Except as otherwise limited by the Court, a guardian shall make decisions regarding the ward’s support, care, education, health, and welfare. A guardian shall exercise authority only as necessitated by the ward’s limitations and, to the extent possible, shall encourage the ward to participate in decisions, act on the ward’s own behalf, and develop […]
(a) Except as otherwise limited by the Court, a guardian may: (1) apply for and receive money payable to the ward or the ward’s guardian or custodian for the support of the ward under the terms of any statutory system of benefits or insurance or any private contract, devise, trust, conservatorship, or custodianship; (2) if […]
(a) A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room, board, and clothing provided to the ward, but only as approved by order of the Court. If a conservator, other than the guardian or one who is affiliated with the guardian, has been appointed for the estate of […]
(a) Within 30 days after appointment, a guardian shall report to the Court in writing on the condition of the ward and account for money and other assets in the guardian’s possession or subject to the guardian’s control. A guardian shall report at least annually thereafter and whenever ordered by the Court. A report must […]
(a) A guardianship terminates upon the death of the ward or upon order of the Court. (b) On petition of a ward, a guardian, or another person interested in the ward’s welfare, the Court may terminate a guardianship if the ward no longer needs the assistance or protection of a guardian. The Court may modify […]
