How Do I Name a Guardian for My Minor Children in Virginia?

See how a parent names a guardian for their minor children in Virginia, what weight the court gives your choice, and your options for temporary care.

Frequently Asked Questions

In Virginia, a parent names a guardian for a minor child in a will (Va. Code §§ 64.2-1701, 64.2-1702). It needs your signature and 2 witnesses. You can record it alongside the rest of your estate plan when you create a revocable living trust.

When a parent has named a guardian, the court must appoint the guardian the parent named (Va. Code §§ 64.2-1701, 64.2-1702).

No. In Virginia, a guardian is named in your will or the guardianship petition, not a standalone declaration.

Yes. Virginia allows a Power of Attorney to Delegate Parental or Legal Custodial Powers (Va. Code §§ 20-166, 20-167): any adult can be authorized for a limited time (up to 6 months) without transferring custody.

In Virginia, a child 14 or older may choose their guardian, subject to the court's approval (Va. Code § 64.2-1703).

Virginia uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (Va. Code §§ 64.2-1702, 64.2-1703, 64.2-1704)

Virginia Estate Planning Resources

In-depth guides covering Virginia probate laws, trust requirements, and estate planning strategies.