31-5 - How appointments made. - Virginia Statutes

§ 31-5. How appointments made.

If the minor is under the age of fourteen years, the court or clerk maynominate as well as appoint his guardian; if the minor is above that age hemay, in the presence of the court or clerk, or in writing acknowledged beforeany officer qualified to take acknowledgments, nominate his own guardian,who, if approved by the court or clerk, shall be appointed accordingly; butif the guardian nominated by the minor is not appointed or if the minorresides without the Commonwealth or if, after being summoned by the court orclerk, he does not nominate a person deemed suitable and competent by thecourt or clerk, a guardian may be nominated and appointed in the same manneras if the minor were under the age of fourteen years. In no case shall anyperson not related to the infant be appointed guardian until thirty days haveelapsed since the death or disqualification of the natural or testamentaryguardians, and the next of kin have had an opportunity to petition the courtfor appointment and unless the court or clerk is satisfied that such personis competent to perform the duties of his office.

(Code 1919, § 5317; 1926, p. 589; 1928, p. 1085; 1946, p. 223; 1954, c. 468;1999, c. 16.)