CHAPTER 465

An Act to amend and reenact § 31-10, as amended, of the Code of Virginia,
relating to disbursements by guardians of wards. rH 424]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That § 31-10, as amended, of the Code of Virginia, be amended and
reenacted as follows:

§ 31-10. No disbursement shall be allowed to any guardian, when
the deed, will or other instrument under which the estate is derived does
not authorize it, beyond the annual income of the ward’s estate, until the
court before which the accounts of guardians may be settled or the judge
thereof in vacation authorizes same and such authority shall not be given
except when the court or judge is satisfied that such expenditure would
be judicious and proper; provided, however, that the amount of any excess
of income over expenditures not disbursed in any annual accounting
period, although deemed an accretion to corpus, shall be allowed as a dis-
bursement in any subsequent annual accounting period. Such accumula-
tion disbursement shall not, however, exceed one thousand dollars in any
annual accounting period.

Any guardian who desires to spend for his ward, or any fiduci
holding funds for the benefit of any infant who desires to spend for suc
infant in any annual accounting period more than the annual income and
one thousand dollars of accumulated income from prior years deemed an
accretion to corpus of the ward’s or infant’s estate for any purpose, when
the deed, will or other instrument under which the estate is derived does
not authorize it, shall file a petition in the court wherein his accounts may
be settled or before the judge thereof in vacation, setting forth the reasons
why it is necessary to make such expenditure, to which petition every
such ward or beneficiary shall be a defendant. The court or Judge in vaca-
tion, or clerk of such court, shall appoint some discreet and competent
attorney at law as guardian ad litem to represent every such infant or
ward or, if no such attorney be found willing to act, some other discreet
and proper person shall be appointed as guardian ad litem to represent
such infant or ward, and proceedings on the petition shall otherwise con-
form in all respects to a bill in chancery except that the petition may be
filed in court or before the judge in vacation upon five days’ notice to the
infant or ward unless it be shown that he is under the age of fourteen and
the evidence may be taken orally. No attorney’s fees shall be taxed in the
costs, nor shall there be any writ tax upon the petition. The court or judge
may in its or his discretion fix reasonable attorney’s fees for services in
connection with the filing of such petition. The clerk shall receive a fee of
one dollar for all services rendered thereon, to be paid by the guardian or
other fiduciary out of the estate. The notice when required to be served
under this section may be served by any person other than the guardian.