CHAPTER 468

An Act to amend and reenact § 81-5 of the Code of Virginia, relating
to appointment of guardians.
{[H 714]

Approved April 3, 1954
Be it enacted by the General Assembly of Virginia:

tH That § 31-5 of the Code of Virginia be amended and reenacted as
ollows:

§ 31-5. If the minor is under the age of fourteen years the court
or Official thereof having authority for appointment of guardians under
the preceding section may nominate as well as appoint his guardian; if
he is above that age he may, in the presence of the court, or of such
Official, or in writing acknowledged before any officer qualified to take
acknowledgments, nominate his own guardian, who, if approved by the
court, or by such official, shall be appointed accordingly; but if the
guardian nominated by the minor be not appointed or if the minor reside
without the state or if, after being summoned hy the court or by such
official, he does not nominate a person deemed suitable and competent by
the clerk or judge making the appointment, a guardian may be nominated
and appointed in the same manner as if the minor were under the age
of fourteén years. In no case shall any person not related to the infant,
be appointed guardian until thirty days have elapsed since the death or
disqualification of the natural or testamentary guardians, and the next of
kin have had an opportunity to petition the court for appointment and
unless the court or official thereunto authorized and acting is satisfied
that he is competent to perform the duties of his office.