VA estate risk
Guardianship risk in Virginia
How courts appoint guardians for minors when no plan is in place.
Virginia allows parents to appoint guardians for minors by will and gives fit parents priority for custody of the minor's person.
At a glance
Key takeaways
- A parent may appoint a guardian of the person and estate of a minor by will.
- A non-parent guardian of the person does not have custody if a fit parent is living.
- A testamentary guardian must accept the appointment within six months after probate.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
Questions to consider
Questions to consider in Virginia
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
Virginia allows parents to appoint guardians for minors by will and gives fit parents priority for custody of the minor's person.
- A parent may appoint a guardian of the person and estate of a minor by will.
- A non-parent guardian of the person does not have custody if a fit parent is living.
- A testamentary guardian must accept the appointment within six months after probate.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
Sources
Background sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in Virginia.
Optional next steps
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