{"law_id":"783867","section_number":"64.2-1805","catch_line":"Powers of guardian","history":"1999, c. 16, \u00a7 31-14.1; 2012, c. 614; 2016, cc. 187, 269.","order_by":null,"metadata":false,"court_decisions":{},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/64.2-1805\/","refers_to":[{"id":"789743","section_number":"64.2-105","catch_line":"Incorporation by reference of certain powers of fiduciaries into will or trust instrument","url":"\/64.2-105\/"}],"url":"\/64.2-1805\/","token":"64.2\/IV\/C\/18\/64.2-1805","structure":{"1":{"id":"2108","name":"Custody And Care Of Ward And Estate","identifier":"18","label":"chapter","url":"\/64.2\/IV\/C\/18\/"},"2":{"id":"1175","name":"Guardianship Of Minor.","identifier":"C","label":"part","url":"\/64.2\/IV\/C\/"},"3":{"id":"366","name":"Fiduciaries And Guardians","identifier":"IV","label":"subtitle","url":"\/64.2\/IV\/"},"4":{"id":"212","name":"Wills, Trusts, And Fiduciaries","identifier":"64.2","label":"title","url":"\/64.2\/"}},"referred_to_by":false,"edition_id":"11","section_id":"783867","structure_id":"2108","full_text":"A Whether appointed by a parent, the circuit court, or the circuit court clerk, a guardian of a ward’s estate shall have the powers set forth in \u00a7 64.2-105 as of the date the guardian acts. A guardian of a ward’s estate shall also have the following powers:\r\rB A guardian may exercise the powers set forth in subsection A without prior authorization, except that the court or the commissioner of accounts, if a guardian is appointed other than by the court, may impose requirements to be satisfied by the guardian prior to the conveyance of any interest in real estate, including (i) increasing the amount of the guardian’s bond, (ii) securing an appraisal of the real estate or interest, (iii) giving notice to interested parties as the court or commissioner deems proper, and (iv) consulting with the commissioner of accounts.\r\rC Any guardian may at any time irrevocably disclaim the right to exercise any of the powers conferred by this section by filing a written disclaimer with the clerk of the circuit court wherein his accounts may be settled. Such disclaimer shall relate back to the time when the guardian assumed the guardianship and shall be binding upon any successor guardian.\r\r","text":{"0":{"id":"2528215","text":"Whether appointed by a parent, the circuit court, or the circuit court clerk, a guardian of a ward’s estate shall have the powers set forth in \u00a7 64.2-105 as of the date the guardian acts. A guardian of a ward’s estate shall also have the following powers:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1},"1":{"id":"2528216","text":" To ratify or reject a contract entered into by the ward;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2},"2":{"id":"2528217","text":" To pay any sum distributable for the benefit of the ward by paying the sum directly to the ward, to the provider of goods and services that have been furnished to the ward, to any individual or facility that is responsible for or has assumed responsibility for care and custody of the ward, or to a ward’s custodian under a Uniform Transfers to Minors Act, Uniform Gifts to Minors Act, or comparable law of any applicable jurisdiction;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2},"3":{"id":"2528218","text":" To maintain life, health, casualty, and liability insurance for the benefit of the ward;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2},"4":{"id":"2528219","text":" To manage the estate following the termination of the guardianship until its delivery to the ward or successors in interest;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2},"5":{"id":"2528220","text":" To execute and deliver all instruments and to take all other actions that will serve the best interests of the ward;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2},"6":{"id":"2528221","text":" To initiate a proceeding to seek a divorce or to make an augmented estate election under \u00a7 64.2-302 or 64.2-308.13, as applicable; and","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2},"7":{"id":"2528222","text":" To borrow money for such periods of time and upon such terms and conditions as to rates, maturities, renewals, and security as the guardian deems advisable, including the power to borrow from the guardian, if the guardian is a bank, for any purpose; to mortgage or pledge such portion of the ward’s personal estate, and real estate subject to subsection B, as may be required to secure such loan or loans; and, as maker or endorser, to renew existing loans.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2},"8":{"id":"2528223","text":"A guardian may exercise the powers set forth in subsection A without prior authorization, except that the court or the commissioner of accounts, if a guardian is appointed other than by the court, may impose requirements to be satisfied by the guardian prior to the conveyance of any interest in real estate, including (i) increasing the amount of the guardian’s bond, (ii) securing an appraisal of the real estate or interest, (iii) giving notice to interested parties as the court or commissioner deems proper, and (iv) consulting with the commissioner of accounts.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1},"9":{"id":"2528224","text":" If the court or commissioner of accounts imposes any requirements under this subsection, the guardian shall make a report of his compliance with each requirement, which shall be filed with the commissioner of accounts. Upon receipt of the guardian’s report, the commissioner of accounts shall file promptly a report with the court stating whether the requirements imposed have been met and whether the conveyance is otherwise consistent with the guardian’s duties. The conveyance shall not be closed until a report by the commissioner of accounts is filed with the court and confirmed as provided in \u00a7\u00a7 64.2-1212, 64.2-1213, and 64.2-1214.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2},"10":{"id":"2528225","text":" If the commissioner of accounts does not impose any requirements under this subsection, he shall, upon request of the guardian of the minor, issue a notarized statement providing that “The Commissioner of Accounts has declined to impose any requirements upon the power of (name of guardian), Guardian of (name of minor), to convey the following real estate of the minor: (property identification).” The conveyance shall not be closed until the guardian has furnished such a statement to the proposed grantee.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2},"11":{"id":"2528226","text":"Any guardian may at any time irrevocably disclaim the right to exercise any of the powers conferred by this section by filing a written disclaimer with the clerk of the circuit court wherein his accounts may be settled. Such disclaimer shall relate back to the time when the guardian assumed the guardianship and shall be binding upon any successor guardian.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1}},"ancestry":{"1":{"id":"2108","name":"Custody And Care Of Ward And Estate","identifier":"18","label":"chapter","url":"\/64.2\/IV\/C\/18\/"},"2":{"id":"1175","name":"Guardianship Of Minor.","identifier":"C","label":"part","url":"\/64.2\/IV\/C\/"},"3":{"id":"366","name":"Fiduciaries And Guardians","identifier":"IV","label":"subtitle","url":"\/64.2\/IV\/"},"4":{"id":"212","name":"Wills, Trusts, And Fiduciaries","identifier":"64.2","label":"title","url":"\/64.2\/"}},"structure_contents":{"0":{"id":"790994","structure_id":"2108","section_number":"64.2-1800","catch_line":"Custody, care, and education of ward; ward's estate","url":"\/64.2-1800\/","token":"64.2\/IV\/C\/18\/64.2-1800"},"1":{"id":"792602","structure_id":"2108","section_number":"64.2-1801","catch_line":"Parental duty of support","url":"\/64.2-1801\/","token":"64.2\/IV\/C\/18\/64.2-1801"},"2":{"id":"772544","structure_id":"2108","section_number":"64.2-1802","catch_line":"Parental duty of support; limited authority of commissioner of accounts","url":"\/64.2-1802\/","token":"64.2\/IV\/C\/18\/64.2-1802"},"3":{"id":"791336","structure_id":"2108","section_number":"64.2-1803","catch_line":"Termination of guardianship","url":"\/64.2-1803\/","token":"64.2\/IV\/C\/18\/64.2-1803"},"4":{"id":"771037","structure_id":"2108","section_number":"64.2-1804","catch_line":"Powers of courts over guardians","url":"\/64.2-1804\/","token":"64.2\/IV\/C\/18\/64.2-1804"},"5":{"id":"783867","structure_id":"2108","section_number":"64.2-1805","catch_line":"Powers of guardian","url":"\/64.2-1805\/","token":"64.2\/IV\/C\/18\/64.2-1805"},"6":{"id":"767843","structure_id":"2108","section_number":"64.2-1806","catch_line":"Powers of guardian; transition rule","url":"\/64.2-1806\/","token":"64.2\/IV\/C\/18\/64.2-1806"}},"previous_section":{"id":"771037","structure_id":"2108","section_number":"64.2-1804","catch_line":"Powers of courts over guardians","url":"\/64.2-1804\/","token":"64.2\/IV\/C\/18\/64.2-1804"},"next_section":{"id":"767843","structure_id":"2108","section_number":"64.2-1806","catch_line":"Powers of guardian; transition rule","url":"\/64.2-1806\/","token":"64.2\/IV\/C\/18\/64.2-1806"},"references":false,"formats":{"txt":"\/64.2-1805.txt","json":"\/64.2-1805.json","xml":"\/64.2-1805.xml"},"dublin_core":{"Title":"Powers of guardian","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-1805","Relation":"Code of Virginia"},"plain_text":"                                 CODE OF VIRGINIA\n\nPOWERS OF GUARDIAN (\u00a7 64.2-1805)\n\nA. Whether appointed by a parent, the circuit court, or the circuit court clerk,\na guardian of a ward’s estate shall have the powers set forth in \u00a7\n64.2-105 as of the date the guardian acts. A guardian of a ward’s estate\nshall also have the following powers:\n\n   1.  To ratify or reject a contract entered into by the ward;\n\n   2.  To pay any sum distributable for the benefit of the ward by paying the sum\n   directly to the ward, to the provider of goods and services that have been\n   furnished to the ward, to any individual or facility that is responsible for\n   or has assumed responsibility for care and custody of the ward, or to a\n   ward’s custodian under a Uniform Transfers to Minors Act, Uniform Gifts\n   to Minors Act, or comparable law of any applicable jurisdiction;\n\n   3.  To maintain life, health, casualty, and liability insurance for the\n   benefit of the ward;\n\n   4.  To manage the estate following the termination of the guardianship until\n   its delivery to the ward or successors in interest;\n\n   5.  To execute and deliver all instruments and to take all other actions that\n   will serve the best interests of the ward;\n\n   6.  To initiate a proceeding to seek a divorce or to make an augmented estate\n   election under \u00a7 64.2-302 or 64.2-308.13, as applicable; and\n\n   7.  To borrow money for such periods of time and upon such terms and\n   conditions as to rates, maturities, renewals, and security as the guardian\n   deems advisable, including the power to borrow from the guardian, if the\n   guardian is a bank, for any purpose; to mortgage or pledge such portion of the\n   ward’s personal estate, and real estate subject to subsection B, as may\n   be required to secure such loan or loans; and, as maker or endorser, to renew\n   existing loans.\n\nB. A guardian may exercise the powers set forth in subsection A without prior\nauthorization, except that the court or the commissioner of accounts, if a\nguardian is appointed other than by the court, may impose requirements to be\nsatisfied by the guardian prior to the conveyance of any interest in real\nestate, including (i) increasing the amount of the guardian’s bond, (ii)\nsecuring an appraisal of the real estate or interest, (iii) giving notice to\ninterested parties as the court or commissioner deems proper, and (iv)\nconsulting with the commissioner of accounts.\n\n   1.  If the court or commissioner of accounts imposes any requirements under\n   this subsection, the guardian shall make a report of his compliance with each\n   requirement, which shall be filed with the commissioner of accounts. Upon\n   receipt of the guardian’s report, the commissioner of accounts shall\n   file promptly a report with the court stating whether the requirements imposed\n   have been met and whether the conveyance is otherwise consistent with the\n   guardian’s duties. The conveyance shall not be closed until a report by\n   the commissioner of accounts is filed with the court and confirmed as provided\n   in \u00a7\u00a7 64.2-1212, 64.2-1213, and 64.2-1214.\n\n   2.  If the commissioner of accounts does not impose any requirements under\n   this subsection, he shall, upon request of the guardian of the minor, issue a\n   notarized statement providing that “The Commissioner of Accounts has\n   declined to impose any requirements upon the power of (name of guardian),\n   Guardian of (name of minor), to convey the following real estate of the minor:\n   (property identification).” The conveyance shall not be closed until the\n   guardian has furnished such a statement to the proposed grantee.\n\nC. Any guardian may at any time irrevocably disclaim the right to exercise any\nof the powers conferred by this section by filing a written disclaimer with the\nclerk of the circuit court wherein his accounts may be settled. Such disclaimer\nshall relate back to the time when the guardian assumed the guardianship and\nshall be binding upon any successor guardian.\n\nHISTORY: 1999, c. 16, \u00a7 31-14.1; 2012, c. 614; 2016, cc. 187, 269."}