                                 CODE OF VIRGINIA

POWERS OF GUARDIAN (§ 64.2-1805)

A. Whether appointed by a parent, the circuit court, or the circuit court clerk,
a guardian of a ward&#8217;s estate shall have the powers set forth in §
64.2-105 as of the date the guardian acts. A guardian of a ward&#8217;s estate
shall also have the following powers:

   1. To ratify or reject a contract entered into by the ward;

   2. To pay any sum distributable for the benefit of the ward by paying the sum
   directly to the ward, to the provider of goods and services that have been
   furnished to the ward, to any individual or facility that is responsible for
   or has assumed responsibility for care and custody of the ward, or to a
   ward&#8217;s custodian under a Uniform Transfers to Minors Act, Uniform Gifts
   to Minors Act, or comparable law of any applicable jurisdiction;

   3. To maintain life, health, casualty, and liability insurance for the benefit
   of the ward;

   4. To manage the estate following the termination of the guardianship until
   its delivery to the ward or successors in interest;

   5. To execute and deliver all instruments and to take all other actions that
   will serve the best interests of the ward;

   6. To initiate a proceeding to seek a divorce or to make an augmented estate
   election under &#xA7; 64.2-302 or 64.2-308.13, as applicable; and

   7. To borrow money for such periods of time and upon such terms and conditions
   as to rates, maturities, renewals, and security as the guardian deems
   advisable, including the power to borrow from the guardian, if the guardian is
   a bank, for any purpose; to mortgage or pledge such portion of the
   ward&#8217;s personal estate, and real estate subject to subsection B, as may
   be required to secure such loan or loans; and, as maker or endorser, to renew
   existing loans.

B. A guardian may exercise the powers set forth in subsection A without prior
authorization, except that the court or the commissioner of accounts, if a
guardian is appointed other than by the court, may impose requirements to be
satisfied by the guardian prior to the conveyance of any interest in real
estate, including (i) increasing the amount of the guardian&#8217;s bond, (ii)
securing an appraisal of the real estate or interest, (iii) giving notice to
interested parties as the court or commissioner deems proper, and (iv)
consulting with the commissioner of accounts.

   1. If the court or commissioner of accounts imposes any requirements under
   this subsection, the guardian shall make a report of his compliance with each
   requirement, which shall be filed with the commissioner of accounts. Upon
   receipt of the guardian&#8217;s report, the commissioner of accounts shall
   file promptly a report with the court stating whether the requirements imposed
   have been met and whether the conveyance is otherwise consistent with the
   guardian&#8217;s duties. The conveyance shall not be closed until a report by
   the commissioner of accounts is filed with the court and confirmed as provided
   in &#xA7;&#xA7; 64.2-1212, 64.2-1213, and 64.2-1214.

   2. If the commissioner of accounts does not impose any requirements under this
   subsection, he shall, upon request of the guardian of the minor, issue a
   notarized statement providing that &#8220;The Commissioner of Accounts has
   declined to impose any requirements upon the power of (name of guardian),
   Guardian of (name of minor), to convey the following real estate of the minor:
   (property identification).&#8221; The conveyance shall not be closed until the
   guardian has furnished such a statement to the proposed grantee.

C. Any guardian may at any time irrevocably disclaim the right to exercise any
of the powers conferred by this section by filing a written disclaimer with the
clerk of the circuit court wherein his accounts may be settled. Such disclaimer
shall relate back to the time when the guardian assumed the guardianship and
shall be binding upon any successor guardian.

HISTORY: 1999, c. 16, § 31-14.1; 2012, c. 614; 2016, cc. 187, 269.