Legal Question in Family Law in Virginia
Adult son (25) is married.
He has a history (8 years ago) of mental illness and hospitilization.
Wife thinks he ought to use different meds (he is very stable now) because of cost.
They might also move out of state to her parents' home (NY).
We are worried that he will go off meds and his medical care will be neglected.
Can we get medical POA (I know we can voluntarily) through guardianship?
1 Answer from Attorneys
Under the facts described, it would be my opinion that a court hearing the matter would likely deny your petition for guardianship over your adult son who is currently married as well as (apparently) stably medicated in his current situation. (The court must base its ruling on the
current facts and not on speculative events that might occur in the future.)
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