Guardianships 

Virginia Code > Title 31 > Chapter 2 > § 31-5 - How appointments made

§ 31-5. How appointments made.

If the minor is under the age of fourteen years, the court or clerk may nominate as well as appoint his guardian; if the minor is above that age he may, in the presence of the court or clerk, or in writing acknowledged before any officer qualified to take acknowledgments, nominate his own guardian, who, if approved by the court or clerk, shall be appointed accordingly; but if the guardian nominated by the minor is not appointed or if the minor resides without the Commonwealth or if, after being summoned by the court or clerk, he does not nominate a person deemed suitable and competent by the court or clerk, a guardian may be nominated and appointed in the same manner as if the minor were under the age of fourteen years. In no case shall any person not related to the infant be appointed guardian until thirty days have elapsed since the death or disqualification of the natural or testamentary guardians, and the next of kin have had an opportunity to petition the court for appointment and unless the court or clerk is satisfied that such person is competent to perform the duties of his office.

(Code 1919, § 5317; 1926, p. 589; 1928, p. 1085; 1946, p. 223; 1954, c. 468; 1999, c. 16.)

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Questions & Answers: Guardianships

Does a power of attorney have to have the words medical and dental for doctors or dentists to see the minor child. This question come up as Clovis Schools requires a power of atto...

Do I have to petition the court before my grandson, who I have guardianship of, has out patient surgery tonsilectomy/adnoidectomy? If yes, where do I find the forms, because I have...

Is a copy of the annual accounting to the probate court, made by my guardian, available to me. Also wondering if SSA Annual report as Rep. Payee is available to me? Thank you! ...

In the state of South Carolina, in what order can (relatives) make decisions for an incapacitated person? Who comes first, the mother or the adult child of the incapacitated?...

Valerie, If you are asking about health care decisions, under section 44-66-30 of the South Carolina Code, parents and adult children have equal priority: http://www.lawserver.com...

my nephew is a slow learner and has a bone disease. He has met a young lady that has media issues and is a slow learner they both are in a work program. this is how they met........

See also:

Virginia Code Title 31 - Guardian and Ward

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