Code of Virginia - Title 31 Guardian And Ward - Section 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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Last modified: April 3, 2009