Guardian and Ward

P Passed

P HB1633
Guardians and wards. Revises the laws applicable to a guardianship of a minor's estate in order to update the code provisions in conformance with current practical considerations raised by attorneys, guardians, minors and the courts. The bill makes a guardianship more like a typical minor's trust insofar as the guardian's administrative and distributive powers. Additionally, court decisions have been incorporated into the law, prohibiting the use of a minor's assets for the support of the minor when the minor has a parent who is under a duty to support the minor and is capable of providing such support. A commissioner of accounts for the jurisdiction wherein a guardian qualifies may authorize distributions without court approval provided the total distributions authorized in any one year shall not exceed $3,000. The commissioner must, in his report to the court on the guardian's next accounting, explain the necessity for the distributions so authorized. The changes were developed to parallel the recent enactment of legislation relating to incapacitated adults. Specifically, this bill mirrors those new code provisions' approach to fiduciary powers, eliminating distinctions between realty and personalty, and placing the focus of distributions on the needs of the minor. Additionally, there are some technical amendments for clarity and continuity. This bill resulted from the Virginia Bar Association Minors/Guardianship Project.
Patron - Cantor


© 1999 by the Division of Legislative Services.