Defined by Virginia Code Section 64.2-1701; Every parent may, by his last will and testament, appoint (i) a guardian of the person of his minor child and (ii) a guardian for the estate bequeathed by the parent to his minor child for such time during the child’s infancy as the parent shall direct.
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A minor is a person who is under the age of 18.
A Guardian of a Minor is a person who has obtained legal authority to be responsible for managing financial and/or personal affairs of a Minor. There are three types of Guardianships of Minors.
A guardian of the person is an individual who is appointed by the court to be legally responsible for the personal affairs of a minor.
A guardian of the estate is an individual who is appointed by the court or the clerk to be legally responsible for the care and maintenance of a minor’s financial matters, until the minor reaches the age of 18.
There are several differences between a guardian of the estate and guardian of the person. However, the primary difference is that the guardian of the estate is responsible for managing the financial affairs of a minor, whereas the guardian of the person is responsible for the health and well-being of the minor. The guardian of the person has also assumed parental rights for the minor child. This means that the minor child’s biological parents have released their parental rights to the court appointed guardian.
The clerk does not have any forms for the filing of any legal court documents (I.e. – petitions, orders, decrees, etc.). The only forms the clerk does have available are: post-qualification forms which are used after the appointment process (by the judge) and the formal qualification process (by the clerk) have occurred.