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The Virginia legal system utilizes three different kinds of guardianships to foster the care of minors: guardianship of the person, guardianship of the estate, and guardian ad litem. Depending on the circumstances, the guardian can be a person with whom the child is familiar, but that is not always a requirement.
Guardians of the property of a minor have to qualify before the Clerk of Court or the Circuit Court, give bond and in most cases post corporate surety on the bond. The guardianship continues until the minor reaches age eighteen (18) at which time the minor is entitled to have all the assets delivered to him.
Attorneys' fees for opening any guardianship can range from a minimum of $1,500 to an average of $3,500. Court costs, which include filing fees, service fees, and fees for letters of guardianship, can also quickly reach in excess of $1,000.
While it is possible to represent yourself in court when seeking appointment as a child's legal guardian, working with a family law attorney can ensure that you don't miss any important steps in the legal process.