Legal Question in Family Law in Virginia

Re: What do elderly parents do with an adult retarded son?

Hypothetically, let's refer to the retarded man as "Jack".

The solution or advice depends to a great extent on the particular degree of mental incapacity. If it is severe, the judicial appointment of a guardian should be made. In such case, Jack should be eligible for federal Social Security occupationsl disability support payments, and this may be true even if Jack's disability is not of such degree as to require a "guardian".

It appears that Jack has no significant assets of his own, so we do not need to discuss court appointment of a "conservator".

I suspect that it would also be helpful that Jack's city or county be asked to appoint a social worker to further advise.

At the risk of making a political comment, it is sad that the Commonwealth of Va. is far behind most other jurisdictions in the help they provide for all types of severe mental problems.