Legal Question in Family Law in Virginia

Guardianships in Virginia require a valid order from a circuit court judge; notaries public have no such power or authority.

It is not clear from your question whether you are talking about guardianship of an adult or of a child. If an adult, a circuit court order is required.

If a child, it is also not clear from your question whether the situation you are attempting to address is one that would require guardianship, as that term is defined under Virginia law. If so, a circuit court order would be required.

If natural parents simply wish to convey custody to another person, a guardianship proceeding in the circuit court may not be necessary. It may be sufficient to transfer custody in the juvenile and domestic relations district court.

If natural parents wish to give authority to another person to act on their behalf in taking care of a child for a limited period of time, a power of attorney may be sufficient.

In any event, no written agreement between parents or anyone else is binding on either a juvenile court judge or a circuit court judge, and a court may overrule the written agreement if it is in the best interests of the child. Only if the agreement is accepted by a court does it become binding.

Hope this helps.