dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 16 (Uniform Power of Attorney Act)
§ 64.2-1634. Personal and family maintenance.
A. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to:

1. Perform the acts necessary to maintain the customary standard of living of the principal, the principal's spouse, and the following individuals, whether living when the power of attorney is executed or later born:

a. The individuals legally entitled to be supported by the principal; and

b. The individuals whom the principal has customarily supported or indicated the intent to support;

2. Make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;

3. Provide living quarters for the individuals described in subdivision 1 by:

a. Purchase, lease, or other contract; or

b. Paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals;

4. Provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in subdivision 1;

5. Pay expenses for necessary health care and custodial care on behalf of the individuals described in subdivision 1;

6. Act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, §§ 1171 through 1179 of the Social Security Act, 42 U.S.C. § 1320d, as amended, and applicable regulations, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of the Commonwealth to consent to health care on behalf of the principal;

7. Continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in subdivision 1;

8. Maintain credit and debit accounts for the convenience of the individuals described in subdivision 1 and open new accounts; and

9. Continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations.

B. Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under this chapter.

2010, cc. 455, 632, § 26-107; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 16 (Uniform Power of Attorney Act)
§ 64.2-1635. Benefits from governmental programs or civil or military service.
A. In this section, "benefits from governmental programs or civil or military service" means any benefit, program, or assistance provided under a statute or regulation including, but not limited to, Social Security, Medicare, Medicaid, and the Department of Veterans Affairs.

B. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:

1. Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in subdivision A 1 of § 64.2-1634 and for shipment of their household effects;

2. Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose;

3. Enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program;

4. Prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation;

5. Initiate, participate in, submit to alternative dispute resolution of, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and

6. Receive the financial proceeds of a claim described in subdivision 4 and conserve, invest, disburse, or use for a lawful purpose anything so received.

2010, cc. 455, 632, § 26-108; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 16 (Uniform Power of Attorney Act)
§ 64.2-1636. Retirement plans.
A. In this section, "retirement plan" means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code:

1. An individual retirement account under Internal Revenue Code 26 U.S.C. § 408, as amended;

2. A Roth individual retirement account under Internal Revenue Code 26 U.S.C. § 408A, as amended;

3. A deemed individual retirement account under Internal Revenue Code 26 U.S.C. § 408 (q), as amended;

4. An annuity or mutual fund custodial account under Internal Revenue Code 26 U.S.C. § 403 (b), as amended;

5. A pension, profit-sharing, stock bonus, or other retirement plan qualified under Internal Revenue Code 26 U.S.C. § 401 (a), as amended;

6. A plan under Internal Revenue Code 26 U.S.C. § 457 (b), as amended; and

7. A nonqualified deferred compensation plan under Internal Revenue Code 26 U.S.C. § 409A, as amended.

B. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:

1. Select the form and timing of payments under a retirement plan and withdraw benefits from a plan;

2. Make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;

3. Establish a retirement plan in the principal's name;

4. Make contributions to a retirement plan;

5. Exercise investment powers available under a retirement plan; and

6. Borrow from, sell assets to, or purchase assets from a retirement plan.

2010, cc. 455, 632, § 26-109; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 16 (Uniform Power of Attorney Act)
§ 64.2-1637. Taxes.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to:

1. Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under Internal Revenue Code 26 U.S.C. § 2032A, as amended, closing agreements, and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following 25 tax years;

2. Pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority;

3. Exercise any election available to the principal under federal, state, local, or foreign tax law; and

4. Act for the principal in all tax matters for all periods before the Internal Revenue Service or other taxing authority.

2010, cc. 455, 632, § 26-110; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 16 (Uniform Power of Attorney Act)
§ 64.2-1638. Gifts.
A. In this section, a gift "for the benefit of" a person includes a gift to a trust, a custodial trust under the Uniform Custodial Trust Act (§ 64.2-900 et seq.), an account under the Uniform Transfers to Minors Act (§ 64.2-1900 et seq.), and a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code 26 U.S.C. § 529, as amended.

B. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent only to:

1. Make outright to, or for the benefit of, a person a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under Internal Revenue Code 26 U.S.C. § 2503 (b), as amended, without regard to whether the federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to consent to a split gift pursuant to Internal Revenue Code 26 U.S.C. § 2513, as amended, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and

2. Consent, pursuant to Internal Revenue Code 26 U.S.C. § 2513, as amended, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.

C. An agent may make a gift of the principal's property only as the agent determines is consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors, including:

1. The value and nature of the principal's property;

2. The principal's foreseeable obligations and need for maintenance;

3. Minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes;

4. Eligibility for a benefit, a program, or assistance under a statute or regulation; and

5. The principal's personal history of making or joining in making gifts.

2010, cc. 455, 632, § 26-111; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 16 (Uniform Power of Attorney Act)
§ 64.2-1639. Agent's certification.
The following optional form may be used by an agent to certify facts concerning a power of attorney.

AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY

State of ____________________

County/City of ____________________

I, ____________________ (Name of Agent), certify under penalty of perjury that ____________________ (Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated ____________________.

I further certify that to my knowledge:

(1) The Principal is alive and has not revoked the power of attorney or my authority to act under the power of attorney and the power of attorney and my authority to act under the power of attorney have not terminated;

(2) If the power of attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;

(3) If I was named as a successor agent, the prior agent is no longer able or willing to serve; and

(4) ____________________________________

________________________________________

________________________________________

________________________________________
(Insert other relevant statements)

SIGNATURE AND ACKNOWLEDGMENT
________________________________________
Agent's Signature

____________________
Date

Agent's Name Printed
________________________________________

________________________________________
Agent's Address

________________________________________
Agent's Telephone Number

This document was acknowledged before me on ____________________ (Date), by ____________________ (Name of Agent).
________________________________________
Signature of Notary

My commission expires: ____________________ (Seal, if any)

Notary Registration Number: ____________________

This document prepared by:

________________________________________

2010, cc. 455, 632, § 26-113; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 16 (Uniform Power of Attorney Act)
§ 64.2-1640. Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.

2010, cc. 455, 632, § 26-114; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 16 (Uniform Power of Attorney Act)
§ 64.2-1641. Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede § 101(c) of that act (15 U.S.C. § 7001(c)) or authorize electronic delivery of any of the notices described in § 103(b) of that act (15 U.S.C. § 7003 (b)).

2010, cc. 455, 632, § 26-115; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 16 (Uniform Power of Attorney Act)
§ 64.2-1642. Effect on existing powers of attorney.
Except as otherwise provided in this chapter, on July 1, 2010:

1. This chapter applies to a power of attorney created before, on, or after July 1, 2010;

2. This chapter applies to a judicial proceeding concerning a power of attorney commenced on or after July 1, 2010;

3. This chapter applies to a judicial proceeding concerning a power of attorney commenced before July 1, 2010, unless the court finds that application of a provision of this chapter would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and

4. Notwithstanding any other provision of this chapter, an act done before July 1, 2010, is not affected by this chapter.

2010, cc. 455, 632, § 26-116; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 17 (APPOINTMENT OF GUARDIAN)
§ 64.2-1700. Natural guardians.
The parents of an unmarried minor child are the joint natural guardians of the person of such child with equal legal powers and legal rights with regard to such child, provided that the parents are living together, are respectively competent to transact their own business, and are not otherwise unsuitable. Upon the death of either parent, the survivor shall be the natural guardian of the person of such child. If either parent has abandoned the family, the other parent shall be the natural guardian of the person of such child.

Code 1919, § 5320; 1930, p. 687; Code 1950, § 31-1; 1999, c. 16; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 17 (APPOINTMENT OF GUARDIAN)
§ 64.2-1701. Testamentary guardians.
A. Every parent may by will appoint (i) a guardian of the person of his minor child and (ii) a guardian for the estate bequeathed or devised by the parent to his minor child for such time during the minor's infancy as the parent directs. A guardian of a minor's estate shall have custody and control of the estate committed to his care. A guardian of the person of a minor other than a parent is not entitled to custody of the person of the minor so long as either of the minor's parents is living and such parent is a fit and proper person to have custody of the minor.

B. The appointment of any guardian pursuant to subsection A shall be void if the guardian (i) renounces the guardianship or (ii) fails to appear in the court in which the will is admitted to probate within six months after the probate to accept the guardianship and give any bond required under § 64.2-1704.

Code 1919, §§ 5314, 5315; 1930, p. 686; Code 1950, §§ 31-2, 31-3; 1989, c. 535; 1999, c. 16; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 17 (APPOINTMENT OF GUARDIAN)
§ 64.2-1702. Appointment of guardians.
The circuit court or the circuit court clerk of any county or city in which a minor resides or, if the minor is an out-of-state resident, in which the minor has any estate may appoint a guardian for the estate of the minor and may appoint a guardian for the person of the minor unless a guardian has been appointed for the minor pursuant to § 64.2-1701.

Code 1919, § 5316; 1926, p. 588; 1928, pp. 25, 1085; 1930, p. 686; 1938, p. 4; 1942, p. 205; 1944, p. 28; Code 1950, § 31-4; 1989, c. 55; 1999, c. 16; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 17 (APPOINTMENT OF GUARDIAN)
§ 64.2-1703. Nomination of guardians.
A. A minor who is at least 14 years old may, in the presence of the court or clerk, or in writing acknowledged before any officer qualified to take acknowledgments, nominate his own guardian for the estate or person of the minor, who shall be appointed if the court or clerk find that the guardian nominated is suitable and competent. If the guardian nominated by the minor is not appointed, if the minor resides without the Commonwealth, or if the court or clerk finds that the guardian nominated is not suitable and competent, the court or clerk may nominate and appoint a guardian for the minor in the same manner as if the minor were less than 14 years old.

B. In no case shall any person not related to the minor be appointed guardian until 30 days have elapsed since the death or disqualification of any natural or testamentary guardians and the minor's next of kin have had an opportunity to petition the court for appointment and unless the court or clerk is satisfied that such nonrelated person is competent to perform the duties of his office.

Code 1919, § 5317; 1926, p. 589; 1928, p. 1085; 1946, p. 223; Code 1950, § 31-5; 1954, c. 468; 1999, c. 16; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 17 (APPOINTMENT OF GUARDIAN)
§ 64.2-1704. Guardian's bond.
A. Before any person may be appointed the guardian for the estate of a minor, the person, in the circuit court or before the circuit court clerk, shall take an oath that he will faithfully perform the duties of his office to the best of his judgment and give his bond in an amount at least equal to the value of the minor's personal estate coming under his control.

B. Every guardian for the estate of a minor shall provide surety upon his bond unless it is waived pursuant to § 64.2-1411 or, in the case of a testamentary guardian, it is waived by the testator's will. However, upon the motion of the court or clerk or upon the motion of another interested person, the court or clerk may at any time require surety upon a guardian's bond. Every order appointing a guardian shall state whether or not surety is required.

C. If the same guardian qualifies upon the estate of two or more minors who are members of the same family, such guardian shall only be required to give one guardianship bond.

Code 1919, § 5318; 1926, p. 589; 1928, p. 1085; Code 1950, § 31-6; 1954, c. 398; 1995, c. 225; 1999, c. 16; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 17 (APPOINTMENT OF GUARDIAN)
§ 64.2-1705. Redetermination of guardian's bond.
Upon a guardian's request, the clerk shall redetermine the penalty of the guardian's bond in light of any reduction in the current market value of the estate under the guardian's control, whether such reduction is due to disbursements, distributions, valuation of assets, or disclaimer of fiduciary power, if such reduction is reflected in an accounting that has been confirmed by the circuit court or an inventory that has been approved by the commissioner of accounts. This provision shall not apply to any bond set by the court.

1999, c. 16, § 31-6.1; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 17 (APPOINTMENT OF GUARDIAN)
§ 64.2-1706. When court may appoint temporary guardians; bond; powers and duties.
Until a guardian appointed by the circuit court or clerk has given his bond, or while there is no guardian, the court or clerk may appoint a temporary guardian, who shall give his bond pursuant to § 64.2-1704. Any temporary guardian during the period of his guardianship shall have all the powers and responsibilities of and shall perform all the duties of a guardian.

Code 1919, § 5319; Code 1950, § 31-7; 1999, c. 16; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 18 (CUSTODY AND CARE OF WARD AND ESTATE)
§ 64.2-1800. Custody, care, and education of ward; ward's estate.
Unless a guardian of the person of a minor is appointed by a parent, the circuit court, or the circuit court clerk, and except as otherwise provided in §§ 64.2-1700 and 64.2-1701, a guardian of a minor's estate who is appointed pursuant to Chapter 17 (§ 64.2-1700 et seq.) shall have custody of his ward. The guardian of a minor's estate shall have the possession, care, and management of the minor's estate, real and personal, and, after first taking into account the minor's other sources of income, support rights, and other reasonably available resources of which the guardian is aware, shall provide for the minor's health, education, maintenance, and support from the income of the minor's estate and, if income is not sufficient, from the corpus of the minor's estate.

Code 1919, § 5320; 1930, p. 686; Code 1950, § 31-8; 1989, c. 535; 1999, c. 16; 2011, c. 113; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 18 (CUSTODY AND CARE OF WARD AND ESTATE)
§ 64.2-1801. Parental duty of support.
A. Notwithstanding the provisions of § 64.2-1800, a guardian of a minor's estate shall not make any distribution of income or corpus of the minor's estate to or for the benefit of a ward who has a living parent, whether or not the guardian is such parent, except to the extent that the distribution is authorized by (i) the deed, will, or other instrument under which the estate is derived or (ii) the circuit court, upon a finding that (a) the parent is unable to completely fulfill the parental duty of supporting the minor, (b) the parent cannot for some reason be required to provide such support, or (c) a proposed distribution is beyond the scope of parental duty of support in the circumstances of a specific case. The existence of a parent-child relationship shall be determined in accordance with the provisions of § 64.2-102. The circuit court's authorization may be contained in the order appointing the guardian or it may be obtained at any time prior to the distribution in question; however, in extenuating circumstances where the interests of equity so require, the court's authorization may be obtained after the distribution in question.

B. A guardian who desires to make any distribution specified in subsection A that is not authorized by an existing court order or a deed, will, or other instrument under which the estate is derived shall file a petition in the circuit court wherein his accounts may be settled. The petition shall name the ward as a defendant and set forth the reasons why such distribution is appropriate. If the ward is 14 years of age or older, the guardian shall give notice of the petition to the ward at least five days before filing the petition. The court or clerk shall appoint an attorney-at-law as guardian ad litem to represent the ward. Proceedings on the petition shall conform to the procedures governing a civil action and the evidence may be taken orally. No attorney fees shall be taxed in the costs and no writ tax shall be required upon the petition. The court may fix reasonable attorney fees for services in connection with the filing of the petition, and the court shall fix the guardian ad litem's fee. Such fees shall be paid out of the estate unless the court directs that they be paid personally by the guardian. The clerk shall receive a fee as provided in subdivision A 18 of § 17.1-275 for all services rendered thereon, to be paid by the guardian out of the estate. Any notice required to be served under this section may be served by any person other than the guardian.

C. Notwithstanding subsection B, if the court determines that an emergency exists, an order authorizing a distribution may be entered without the appointment of a guardian ad litem, provided that the court makes such further provisions in its order for the protection of the ward's estate as it may deem proper in each case.

1999, c. 16, § 31-8.1; 2002, c. 832; 2005, c. 681; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 18 (CUSTODY AND CARE OF WARD AND ESTATE)
§ 64.2-1802. Parental duty of support; limited authority of commissioner of accounts.
A commissioner of accounts for the jurisdiction where a guardian qualifies may authorize the same distributions under the same circumstances as the circuit court may authorize under subsection A of § 64.2-1801, except that (i) the total distributions authorized in any one year shall not exceed $7,000 and (ii) the commissioner of accounts shall, in his report to the court on the guardian's next accounting, explain the necessity for the distributions so authorized. The provisions of subsection B of § 64.2-1801 shall not apply to proceedings under this section, but the commissioner shall give five days' written notice of the scheduled hearing date to any minor who is 14 years of age or older. The commissioner of accounts shall not charge a fee in excess of $100 for such hearing.

1999, c. 16, § 31-8.2; 2012, c. 614; 2014, c. 532; 2025, c. 148.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 18 (CUSTODY AND CARE OF WARD AND ESTATE)
§ 64.2-1803. Termination of guardianship.
Unless the guardian of a minor's estate dies, is removed, or resigns the guardianship, the guardian shall continue in office until the minor attains the age of majority or, in the case of testamentary guardianship, until the termination of the period set forth in the testator's will. At the expiration of the guardianship, the guardian shall deliver and pay all the estate and money in his possession, or with which he is chargeable, to the person entitled to receive such estate and money.

Code 1919, § 5320; 1930, p. 687; Code 1950, § 31-9; 1972, c. 825; 1973, c. 401; 1999, c. 16; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 18 (CUSTODY AND CARE OF WARD AND ESTATE)
§ 64.2-1804. Powers of courts over guardians.
The circuit courts may hear and determine all matters between guardians and their wards, require settlements of guardianship accounts, remove any guardian for neglect or breach of trust and appoint another guardian for the ward, and make any order for the custody, health, maintenance, education, and support of a ward and the management, disbursement, preservation, and investment of the ward's estate.

Code 1919, § 5326; Code 1950, § 31-14; 1999, c. 16; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 18 (CUSTODY AND CARE OF WARD AND ESTATE)
§ 64.2-1806. Powers of guardian; transition rule.
The provisions of Chapter 17 (§ 64.2-1700 et seq.) and this chapter are applicable to all guardianships, whenever created, except that a guardian who qualifies prior to July 1, 1999, shall have the power to make conveyances of his ward's estate only in accordance with the laws in effect on June 30, 1999, unless the guardian in office on June 30, 1999, has requalified on or after July 1, 1999.

1999, c. 16, § 31-18.1; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 19 (Virginia Uniform Transfers to Minors Act)
§ 64.2-1900. Definitions.
In this chapter, unless the context otherwise requires:

"Adult" means an individual who attained the age of 18 years.

"Benefit plan" means an employer's plan for the benefit of an employee or partner.

"Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others.

"Conservator" means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.

"Court" means the circuit court having appropriate jurisdiction.

"Custodial property" means (i) any interest in property transferred to a custodian under this chapter and (ii) the income from and proceeds of that interest in property.

"Custodian" means a person so designated under § 64.2-1908 or a successor or substitute custodian designated under § 64.2-1917.

"Financial institution" means a bank, trust company, savings institution, or credit union chartered and supervised under state or federal law.

"Legal representative" means an individual's personal representative or conservator.

"Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.

"Minor" means an individual who has not attained the age of 18 years.

"Person" means an individual, corporation, organization, or other legal entity.

"Personal representative" means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions.

"Qualified minor's trust" means any trust, including a trust created by a custodian, that meets the requirements of § 2503(c) of the Internal Revenue Code of 1986 and the regulations implementing that section.

"State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.

"Transfer" means a transaction that creates custodial property under § 64.2-1908.

"Transferor" means a person who makes a transfer under this chapter.

"Trust company" means a financial institution, corporation, or other legal entity authorized to exercise general trust powers.

1988, c. 516, § 31-37; 2007, c. 307; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 19 (Virginia Uniform Transfers to Minors Act)
§ 64.2-1901. Scope and jurisdiction.
A. This chapter applies to any transfer that refers to the Uniform Transfers to Minors Act or this chapter in the designation under subsection A of § 64.2-1908 by which the transfer is made if, at the time of the transfer, the transferor, the minor, or the custodian is a resident of the Commonwealth or the custodial property is located in the Commonwealth. The custodianship so created remains subject to this chapter despite a subsequent change in residence of a transferor, the minor, or the custodian or the removal of custodial property from the Commonwealth.

B. A person designated as custodian under this chapter is subject to personal jurisdiction in the Commonwealth with respect to any matter relating to the custodianship.

C. A transfer that purports to be made and that is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in the Commonwealth if, at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.

1988, c. 516, § 31-38; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 19 (Virginia Uniform Transfers to Minors Act)
§ 64.2-1902. Nomination of custodian.
A. A person having the right to designate the recipient of property
transferable upon the occurrence of a future event may revocably nominate a
custodian to receive the property for a minor beneficiary upon the occurrence
of the event by naming the custodian followed in substance by the words: "as
custodian for............… (name of minor) under the Virginia Uniform
Transfers to Minors Act." The nomination may name one or more persons as
substitute custodians to whom the property shall be transferred, in the order
named, if the first nominated custodian dies before the transfer or is unable,
declines, or is ineligible to serve. The nomination may be made in a will, a
trust, a deed, an instrument exercising a power of appointment, or a writing
designating a beneficiary of contractual rights that is registered with or
delivered to the payor, issuer, or other obligor of the contractual rights.

B. A custodian nominated under this section shall be a person to whom a transfer of property of that kind may be made under subsection A of § 64.2-1908.

C. The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under § 64.2-1908. Unless the nomination of custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to § 64.2-1908.

1988, c. 516, § 31-39; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 19 (Virginia Uniform Transfers to Minors Act)
§ 64.2-1903. Transfer by gift or exercise of power of appointment.
A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to § 64.2-1908.

1988, c. 516, § 31-40; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 19 (Virginia Uniform Transfers to Minors Act)
§ 64.2-1904. Transfer authorized by will or trust.
A personal representative or trustee may make an irrevocable transfer pursuant to § 64.2-1908 to a custodian for the benefit of a minor as authorized in the governing will or trust. If the testator or settlor has nominated a custodian under § 64.2-1902 to receive the custodial property, the transfer shall be made to that person.

If the testator or settlor has not nominated a custodian under § 64.2-1902 or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee shall designate the custodian from among those eligible to serve as custodian for property of that kind under subsection A of § 64.2-1908.

1988, c. 516, § 31-41; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 19 (Virginia Uniform Transfers to Minors Act)
§ 64.2-1905. Other transfer by fiduciary.
A. Subject to subsection C, a personal representative or trustee may make an irrevocable transfer to an adult or trust company as custodian for the benefit of a minor pursuant to § 64.2-1908 in the absence of a will or under a will or trust that does not contain an authorization to do so.

B. Subject to subsection C, a conservator may make an irrevocable transfer to an adult or trust company as custodian for the benefit of the minor pursuant to § 64.2-1908.

C. A transfer under either subsection A or B may be made only if (i) the personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor, (ii) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument, and (iii) the transfer is authorized by the court if it exceeds $35,000 in value or is made by a conservator.

1988, c. 516, § 31-42; 2012, c. 614; 2014, c. 532; 2025, c. 148.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 19 (Virginia Uniform Transfers to Minors Act)
§ 64.2-1906. Transfer by obligor.
A. Subject to subsections B and C, a person not subject to § 64.2-1904 or who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to § 64.2-1908.

B. If a person having the right to do so under § 64.2-1902 has nominated a custodian under that section to receive the custodial property, the transfer shall be made to that person.

C. If no custodian has been nominated under § 64.2-1902, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds $35,000 in value, in which event the transfer may be made if authorized by the court.

1988, c. 516, § 31-43; 2012, c. 614; 2014, c. 532; 2025, c. 148.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 19 (Virginia Uniform Transfers to Minors Act)
§ 64.2-1907. Receipt for custodial property.
A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this chapter.

1988, c. 516, § 31-44; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 19 (Virginia Uniform Transfers to Minors Act)
§ 64.2-1909. Single and joint custodians.
A transfer may be made only for one minor, and up to two persons may be joint custodians. All custodial property held under this chapter by the same custodian or joint custodians for the benefit of the same minor constitutes a single custodianship. Unless otherwise specified in any document creating the custodial property, each joint custodian shall have full power and authority to act alone with respect to the custodial property. If either joint custodian resigns, dies, becomes incapacitated, or is removed, then the remaining joint custodian shall become sole custodian.

1988, c. 516, § 31-46; 2006, c. 657; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 19 (Virginia Uniform Transfers to Minors Act)
§ 64.2-1910. Validity and effect of transfer.
A. The validity of a transfer made in a manner prescribed in this chapter is not affected by:

1. Failure of the transferor to comply with subsection C of § 64.2-1908 concerning possession and control;

2. Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under subsection A of § 64.2-1908; or

3. Death or incapacity of a person nominated under § 64.2-1902 or designated under § 64.2-1908 as custodian or the disclaimer of the office by that person.

B. A transfer made pursuant to § 64.2-1908 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this chapter and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this chapter.

C. By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this chapter.

1988, c. 516, § 31-47; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 19 (Virginia Uniform Transfers to Minors Act)
§ 64.2-1911. Care of custodial property; duties of custodian.
A. A custodian shall take control of custodial property, register or record title to custodial property, if appropriate, and collect, hold, manage, invest, and reinvest custodial property.

B. In dealing with custodial property, a custodian shall observe the standard of care set forth in the Uniform Prudent Investor Act (§ 64.2-780 et seq.), except to the extent provided by § 64.2-1502. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.

C. A custodian may invest in or pay premiums on life insurance or endowment policies on (i) the life of the minor only if the minor or the minor's estate is the sole beneficiary or (ii) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian is the beneficiary during the period of custodianship.

D. A custodian at all times shall keep custodial property separate and
distinct from all other property in a manner sufficient to identify it clearly
as custodial property of the minor. Custodial property consisting of an
undivided interest is so identified if the minor's interest is held as a
tenant in common and is fixed. Custodial property subject to recordation is so
identified if it is recorded, and custodial property subject to registration
is so identified if it is either registered, or held in an account designated,
in the name of the custodian, followed in substance by the words: "as a
custodian for......…(name of minor) under the Virginia Uniform
Transfers to Minors Act."

E. A custodian shall keep records of all transactions with respect to custodial property, including the information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years.

1988, c. 516, § 31-48; 2007, c. 517; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 19 (Virginia Uniform Transfers to Minors Act)
§ 64.2-1912. Powers of custodian.
A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, which shall include but not be limited to those powers set forth in § 64.2-105 as of the date the custodian acts, but a custodian may exercise such rights, powers, and authority in that capacity only. However, this section does not relieve a custodian from liability for breach of a duty imposed under § 64.2-1911.

1988, c. 516, § 31-49; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 19 (Virginia Uniform Transfers to Minors Act)
§ 64.2-1913. Use of custodial property.
A. A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (i) the duty or ability of the custodian personally or of any other person to support the minor or (ii) any other income or property of the minor which may be applicable or available for that purpose.

B. At any time a custodian may, without court order, transfer all or part of the custodial property to a qualified minor's trust. Such a transfer terminates the custodianship to the extent of the custodial property transferred.

C. On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.

D. A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.

1988, c. 516, § 31-50; 2007, c. 307; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 19 (Virginia Uniform Transfers to Minors Act)
§ 64.2-1914. Custodian's expenses, compensation, and bond.
A. A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.

B. A custodian, other than one who is a transferor under § 64.2-1903, has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.

C. Except upon petition as provided in subsection F of § 64.2-1917, a custodian need not give a bond.

1988, c. 516, § 31-51; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 19 (Virginia Uniform Transfers to Minors Act)
§ 64.2-1915. Exemption of third person from liability.
A third person may act in good faith and without court order on the instruction of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining (i) the validity of the purported custodian's designation, (ii) the propriety of, or the authority under this chapter for, any act of the purported custodian, (iii) the validity or propriety under this chapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian, or (iv) the propriety of the application of any property of the minor delivered to the purported custodian.

1988, c. 516, § 31-52; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 19 (Virginia Uniform Transfers to Minors Act)
§ 64.2-1916. Liability to third persons.
A claim based on (i) a contract entered into by a custodian acting in a custodial capacity, (ii) an obligation arising from the ownership or control of custodial property, or (iii) a tort committed during the custodianship may be asserted against the custodial property by proceeding against the custodian in a custodial capacity, whether or not the custodian or the minor is personally liable therefor.

A custodian is not personally liable on a contract properly entered into in the custodial capacity, unless the custodian fails to reveal that capacity and to identify the custodianship in the contract, or for an obligation arising from control of custodial property or for a tort committed during the custodianship, unless the custodian is personally at fault.

A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.

1988, c. 516, § 31-53; 2012, c. 614.