                                 CODE OF VIRGINIA

TESTAMENTARY GUARDIANS (§ 64.2-1701)

A. Every parent may by will appoint (i) a guardian of the person of his minor
child and (ii) a guardian for the estate bequeathed or devised by the parent to
his minor child for such time during the minor&#8217;s infancy as the parent
directs. A guardian of a minor&#8217;s estate shall have custody and control of
the estate committed to his care. A guardian of the person of a minor other than
a parent is not entitled to custody of the person of the minor so long as either
of the minor&#8217;s parents is living and such parent is a fit and proper
person to have custody of the minor.

B. The appointment of any guardian pursuant to subsection A shall be void if the
guardian (i) renounces the guardianship or (ii) fails to appear in the court in
which the will is admitted to probate within six months after the probate to
accept the guardianship and give any bond required under &#xA7; 64.2-1704.

HISTORY: Code 1919, §§ 5314, 5315; 1930, p. 686; Code 1950, §§ 31-2, 31-3;
1989, c. 535; 1999, c. 16; 2012, c. 614.