In re Guardianship Petition for Wright

By JUDGE THOMAS S. KENNY

This matter is before me on Fairfax County’s petition to appoint a guardian for Mr. Wright pursuant to Sections 37.1-128.1 and 37.1-132 of the 1950 Code of Virginia, as amended. Those sections of the Code permit a guardian to be appointed for one who "has become incapable, either wholly or partially, of taking care of himself or his estate . . ." by reason of mental illness (§ 37.1-128.1) or impaired health (§ 37.1-132).

Mr. Axilbund was duly appointed guardian ad litem for Mr. Wright, and he has raised as a threshold issue a question of the constitutionality of the…