Virginia Code 64.2-1701: Testamentary guardians
A. Every parent may by will appoint (i) a guardian of the person of his minor child and (ii) a guardian for the estate bequeathed or devised by the parent to his minor child for such time during the minor’s infancy as the parent directs. A guardian of a minor’s estate shall have custody and control of the estate committed to his care. A guardian of the person of a minor other than a parent is not entitled to custody of the person of the minor so long as either of the minor’s parents is living and such parent is a fit and proper person to have custody of the minor.
Terms Used In Virginia Code 64.2-1701
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Probate: Proving a will
B. The appointment of any guardian pursuant to subsection A shall be void if the guardian (i) renounces the guardianship or (ii) fails to appear in the court in which the will is admitted to probate within six months after the probate to accept the guardianship and give any bond required under § 64.2-1704.
Code 1919, §§ 5314, 5315; 1930, p. 686; Code 1950, §§ 31-2, 31-3; 1989, c. 535; 1999, c. 16; 2012, c. 614.