In most jurisdictions, a minor, on reaching a certain age, which was 14 years at common law, may choose his or her own guardian, conditioned on the guardian's posting of a bond and subject to confirmation by the court. The authorities are not in agreement as to whether a minor's right to select a guardian may be exercised for the purpose of superseding a guardian previously appointed. Where a minor is not of sufficient age to have an unqualified right to select a guardian, it is usual for the court to ascertain the preference of the minor if the minor is of an age to exercise an intelligent choice.
Virginia Petition for Notice to Minor to Nominate or Select Guardian
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How to fill out Petition For Notice To Minor To Nominate Or Select Guardian?
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FAQ
Your duties and authority as a guardian do not extend to decisions addressed in a valid advance directive or durable power of attorney the person previously executed.
"Guardian" means a person appointed by the court who has the powers and duties set out in § 64.2-2019, or § 63.2-1609 if applicable, and who is responsible for the personal affairs of an incapacitated person, including responsibility for making decisions regarding the person's support, care, health, safety, ...
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.
Process to Become Appointed by the Judge as a Guardian for the Person of a Minor. You must fully comply with all the requirements of the Code of Virginia. You must prepare and file a petition requesting appointment of a Guardian at the Clerk of the Circuit Court Civil Division window with the appropriate filing fees.
Petition: Any person may file a petition with a Virginia circuit court stating that a Virginia resident needs a guardian or conservator to manage some or all of his/her affairs. This person is called the petitioner. The person claimed in the petition to need a Guardian or a Conservator is called the respondent.
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.
A Testamentary Guardian is defined in Va. Code § 64.2-2000. Every parent may, by his Last Will and Testament, appoint (i) a guardian of the person for his minor child and (ii) a Guardian for the estate bequeathed by the parent to his minor child for such time during the child's infancy as the parent shall direct.