Obtaining the Legal Authority to Act as a Guardian of the Person of a Minor
Due to the serious and sensitive nature of Guardianship appointment, the Guardian Appointment must be made by a Judge of the Circuit Court in the appropriate jurisdiction, which is the county in which the Minor currently resides.
After the Order of Appointment is signed by the Judge, you must then formally qualify before the Clerk of the Circuit Court - Probate Division.
After your Court ordered appointment, and after you formally qualify before the Clerk, you can then legally assume your duties and responsibilities as Guardian.
Process to Become Appointed by the Judge as a Guardian for the Person of a Minor
You must fully comply with all the requirements of the Code of Virginia.
You must prepare and file a petition requesting appointment of a Guardian at the Clerk of the Circuit Court Civil Division window with the appropriate filing fees.
Only a Judge can appoint an individual to be a Guardian of the person of a Minor, therefore, by following the local rules of the Court, you must schedule a Court hearing on the docket.
If, at the Court hearing, the Judge grants your Appointment as Guardian, you must then prepare a Court Order of Appointment for the Judge to sign.
After the Court Order of Appointment has been signed by the Judge, you must then schedule an appointment with the Probate Division to formally qualify as the Guardian. You have no legal authority to act as Guardian until you have formally qualified before the Clerk. Your qualification should take place no later than 30 days from the Court Ordered Date of Appointment.
It is strongly recommended that you consult with a Virginia Attorney for advice in all Guardianship matters.
Formally Qualifying Before the Clerk
You must contact the Probate Division to schedule an appointment.