General Information
To legally have powers as a guardian, you must first, be appointed, and second, you must formally qualify before the Clerk.
Due to the complex nature of Guardianships of Minors, it is strongly recommended that you consult with a Virginia attorney for legal advice. The Clerk cannot render legal advice.
Due to the complexity and time involved in qualifications, appointments with Probate staff are required. Also, the Clerk does not have any forms for the filing of any legal court documents (i.e. – petitions, orders, decrees, etc.). The only forms the Clerk does have available are: Post-Qualification forms which are used after the appointment process (by the Judge) and the formal qualification process (by the Clerk) have occurred. Links to those forms may be found on our forms page.
Frequently Asked Questions
What is the definition of a Minor?
A Minor is a person who is under the age of eighteen (18).
What is the definition of a Guardian of a Minor?
A Guardian of a Minor is a person who has obtained legal authority to be responsible for managing financial and/or personal affairs of a Minor. There are three types of Guardianships of Minors.
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Guardian of the Person (Appointed by the Court (a Judge)
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Guardian of the Estate (Appointed by the Court or Clerk)
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Testamentary Guardian (Named in a Will for both personal and estate)
What is the definition of a Guardian of the person?
A Guardian of the Person is an individual who is appointed by the Court to be legally responsible for the personal affairs of a Minor.
What is the definition of a Guardian of the estate?
A Guardian of the Estate is an individual who is appointed by the Court or the Clerk to be legally responsible for the care and maintenance of a Minor’s financial matters, until the minor reaches the age of eighteen (18).
What is the definition of a Testamentary Guardian?
Defined by Virginia Code Section 31-2; Every parent may, by his Last Will and Testament, appoint (i) a guardian of the person of his minor child and (ii) a Guardian for the estate bequeathed by the parent to his minor child for such time during the child’s infancy as the parent shall direct.
What is the difference between Guardian of the estate and Guardian of the person?
There are several differences between a Guardian of the estate and Guardian of the person. However, the primary difference is that the Guardian of the Estate is responsible for managing the financial affairs of a Minor, whereas the Guardian of the Person is responsible for the health and well-being of the Minor. The Guardian of the Person has also assumed parental rights for the Minor child. This means that the Minor child’s biological parents have released their parental rights to the Court Appointed Guardian.
Guardian of the Person of a Minor
How do I obtain the legal authority to act as a Guardian of the person of a Minor?
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Due to the serious and sensitive nature of Guardianship appointment, the Guardian Appointment must be made by a Judge of the Circuit Court in the appropriate jurisdiction, which is the county in which the Minor currently resides.
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After the Order of Appointment is signed by the Judge, you must then formally qualify before the Clerk of the Circuit Court (Probate Department).
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After your Court ordered appointment, and after you formally qualify before the Clerk, you can then legally assume your duties and responsibilities as Guardian.
What is the process to become appointed by the Judge as a Guardian for the person of a Minor?
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You must fully comply with all the requirements of the Code of Virginia.
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You must prepare and file a petition requesting appointment of a Guardian at the Clerk of the Circuit Court Civil Intake Department with the appropriate filing fees.
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Only a Judge can appoint an individual to be a Guardian of the person of a Minor, therefore, by following the local rules of the Court, you must schedule a Court hearing on the docket.
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If, at the Court hearing, the Judge grants your Appointment as Guardian, you must then prepare a Court Order of Appointment for the Judge to sign.
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After the Court Order of Appointment has been signed by the Judge, you must then schedule an appointment with the Clerk (Probate Department) to formally qualify as the Guardian. You have no legal authority to act as Guardian until you have formally qualified before the Clerk. Your qualification should take place no later than thirty (30) days from the Court Ordered Date of Appointment.
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It is strongly recommended that you consult with a Virginia Attorney for advice in all Guardianship matters.
Now that my Order of Appointment as Guardian has been signed by the Judge, how do I formally qualify before the Clerk?
You must contact the Probate Department of the Clerk of the Circuit Court to schedule an appointment. To do so, call Bill Loy at 703-777-0272 or Michele Timmons at 703-737-8795.
Guardian for the Estate of a Minor
How do I obtain the legal authority to act as a Guardian of the Estate of a Minor?
A Judge or the Clerk of the Court can grant your appointment. If the appointment is to be made by a Judge, you must follow the same procedures as listed under Guardian of a Person.
If the appointment is to be made by the Clerk of the Court, you must schedule an appointment with the Probate Department. You may call Bill Loy at 703-777-0272 or Michele Timmons at 703-737-8795 to schedule your qualification appointment.
How do I obtain the legal authority to act as a Testamentary Guardian?
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First, the Last Will and Testament must be probated before the Clerk of the Circuit Court (Probate Department),
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Second, the person who was nominated in the Will as Guardian must then formally qualify before the Clerk of the Circuit Court (Probate Department).
Is there a deadline to qualify before the Clerk?
You must qualify before the Clerk no later than thirty (30) days from the date of the entry of the Court Order of Appointment.
Where is the Loudoun County Probate Department? What are the office hours?
The Probate Department is located at:
112 Edwards Ferry Road, N.E.
Leesburg, VA 20176
Phone: 703-777-0272, 703-737-8795
Hours: 8:30 a.m. to 4:00 p.m., Monday through Friday, by appointment only.
Formal Qualification Process
What should I bring to my formal qualification appointment?
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The signed Order of Appointment, if appointed by the Judge
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The original Last Will and Testament, if qualifying as Testamentary Guardian
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The dollar value of the personal assets in the estate of the Minor.
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The fair market value of real estate of the Minor.
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If bond with surety* is required by the Court Order, the surety bond company must attend your scheduled appointment to sign the surety bond.
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You may bring the completed Information form for a Guardian. The form is online here.
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A check or cash to pay fees calculated during the qualification appointment. Fees are based upon the value of the estate.
*What does bond with surety mean?
A surety bond is a guarantee by a third party (usually an insurance or bonding company) that a Guardian will properly account for all money and property owned by the minor and that the Guardian will discharge his/her Guardian duties as required by law.
Whom can I call to obtain bond with surety?
The Probate Department cannot recommend any bonding company; however, however, a link to a list of local bond companies that write surety bonds can be found on our forms page.
Why do I need a bond?
A bond is a guarantee that you will perform your Guardianship duties as required by law. The Court Order of Appointment or the Clerk will set the amount of the bond and govern whether the bond is with or without surety.
What steps are involved in the qualification process with the Clerk?
You will take an Oath of Office as Guardian and you will sign the Bond. You will also pay the required qualification fees. The Probate Clerk handling your qualification process will then explain your duties and responsibilities as Guardian. At the end of the qualification process, you may receive some or all of the following:
- Certificates of Qualification
- Inventory Form
- How to Complete the Inventory
- Account Summary Form
- How to Complete the Account Summary
- Instructions and Duties of a Guardian
- Important Deadlines to Remember
After your formal qualification appointment, the Clerk will Record the following public documents:
- The Court Order of Appointment (if appointed by the Judge)
- The Probate Clerk’s Order of Qualification
- The Bond
Also, after you have formally qualified, the Clerk will inform the Commissioner of Accounts of your Guardianship of the Estate of a Minor. |