Statutory Powers of a Guardian

The guardian of a minor’s estate shall have the possession, care and management of the minor’s estate, real and personal. Section 64.2-1800, Code of Virginia (1950).

If the appointment has been made under Court order, the guardian of the property of a minor should be very careful to follow the order of the Court as the order often contains specific language not set forth in an appointment made by the Clerk of the Circuit Court.

The statutory powers are enumerated in Section 64.2-1805, Code of Virginia (1950), as amended.

These powers include the following specific powers:

  1. To ratify or reject a contract entered into by the minor;
  2. To pay any sum necessary (and approved by the Court or Commissioner, if required) for the benefit of the minor directly to the minor, to a provider of services or facility which is responsible for the care and custody of the minor;
  3. To maintain life, health, casualty and liability insurance for the minor’s benefit; and
  4. To sign and deliver instruments and take all action which will serve the best interests of the minor.

Reference should be made to the Virginia Code as the Code includes other powers.

Additionally, the guardian of the property of a minor has, by statute, the powers of Section 64.2-105 which are the general fiduciary powers unless denied or restricted in the Court Order.  A guardian, however, may not use his power to sell the minor’s real estate until the guardian has satisfied the requirements imposed by the Henrico County Circuit Court in the Order of Appointment, which normally includes review and approval by the Commissioner of Accounts.  This restriction on the sale of real estate applies if the guardian was appointed either by Court order or by the Clerk of Henrico County Circuit Court.  See Section 64.2-1805(b), Code of Virginia (1950).