Virginia Code

Va. Code Ann. § 64.2-1703 (2026)

Nomination of guardians

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A. A minor who is at least 14 years old may, in the presence of the court or clerk, or in writing acknowledged before any officer qualified to take acknowledgments, nominate his own guardian for the estate or person of the minor, who shall be appointed if the court or clerk find that the guardian nominated is suitable and competent. If the guardian nominated by the minor is not appointed, if the minor resides without the Commonwealth, or if the court or clerk finds that the guardian nominated is not suitable and competent, the court or clerk may nominate and appoint a guardian for the minor in the same manner as if the minor were less than 14 years old.

B. In no case shall any person not related to the minor be appointed guardian until 30 days have elapsed since the death or disqualification of any natural or testamentary guardians and the minor's next of kin have had an opportunity to petition the court for appointment and unless the court or clerk is satisfied that such nonrelated person is competent to perform the duties of his office.

Code 1919, § 5317; 1926, p. 589; 1928, p. 1085; 1946, p. 223; Code 1950, § 31-5; 1954, c. 468; 1999, c. 16; 2012, c. 614.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: United States v. Iza Rosario-Cruzado, No. 24-6365 (4th Cir. May 30, 2025).
United States v. Iza Rosario-Cruzado, No. 24-6365 (4th Cir. May 30, 2025). “2020) (observing that state law “provides for the termination of a guardian of the estate of a minor, but no similar provision exists for the termination of guardianship of a person of a minor”), when a minor of at least fourteen years old nominates their own guardian, the court…”
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