Parental Responsibilities

The legal guardian of a minor’s estate is not to make any distributions of income or principal to or for a minor who has a living parent, unless the will, trust, or deed authorizes otherwise or the court finds that the parent is unable to fulfill his or her duty of support, finds the distribution is beyond the scope of parental duty of support, or the parent cannot for some reason be required to provide such support.  See Virginia Code § 64.2-1801.

Upon request of a guardianship spending hearing, the commissioner of accounts has concurrent jurisdiction with the court to approve annual expenditures of $5,000 or less with proof of hardship.

Virginia Code § 64.2-1802 requires that the commissioner give five days written notice of a scheduled hearing date to any minor who is fourteen years of age or older.

Other than payment of administrative expenses, if the guardian expends any of the minor’s money without prior authorization when there is a living parent, the guardian may be required to restore the funds to the account and the commissioner may seek forfeiture of the guardian’s bond.