{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-349.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-349.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-349.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-349.html"}],"law_id":70620,"edition_id":1,"section_id":70620,"structure_id":14630,"section_number":"16.1-349","catch_line":"Definitions","history":"1998, c. 829; 2021, Sp. Sess. I, c. 241.","full_text":"“Attending physician” means the physician who has primary responsibility for the treatment and care of a qualified parent.\n\t\t“Designation” means a writing which (i) is voluntarily executed in conformance with the requirements of \u00a7 16.1-351 and signed by a parent and (ii) names a person to act as standby guardian.\n\t\t“Determination of debilitation” means a written determination made by an attending physician that a qualified parent is chronically and substantially unable to care for a minor child as a result of a debilitating illness, disease or injury. Such a determination shall include the physician’s medical opinion to a reasonable degree of medical certainty, regarding the nature, cause, extent and probable duration of the parent’s debilitating condition.\n\t\t“Determination of incompetence” means a written determination made by the attending physician that to a reasonable degree of medical certainty a qualified parent is chronically and substantially unable to understand the nature and consequences of decisions concerning the care of a minor child as a result of a mental or organic impairment and is consequently unable to care for the child. Such a determination shall include the physician’s medical opinion, to a reasonable degree of medical certainty, regarding the nature, cause, extent and probable duration of the parent’s incompetence.\n\t\t“Parent” means a genetic or adoptive parent or parent determined in accordance with the standards set forth in \u00a7 20-49.1 or \u00a7 20-158, and includes a person, other than a parent, who has physical custody of a child and who has either been awarded custody by a court or claims a right to custody.\n\t\t“Qualified parent” means a parent who has (i) been diagnosed, as evidenced in writing, by a licensed physician to be afflicted with a progressive or chronic condition caused by injury, disease or illness from which, to a reasonable degree of medical probability, the patient cannot recover or (ii) reason to anticipate possible detention, incarceration, or deportation connected to an immigration action.\n\t\t“Standby guardian” means a person who, in accordance with this article, is designated in writing or approved by the court to temporarily assume the duties of guardian of the person or guardian of the property, or both, of a minor child on behalf of or in conjunction with a qualified parent upon the occurrence of a triggering event. The term shall be so construed as to enable the parent to plan for the future care of a child, without terminating parental or legal rights, and to give the standby guardian the authority to act in a manner consistent with the known wishes of a qualified parent regarding the care, custody and support of the minor child.\n\t\t“Triggering event” means the event upon the occurrence of which the standby guardian may be authorized to act. The triggering event shall be specified in the court order or written designation and shall be the earlier of a determination of incompetence or the death of the qualified parent. However, in the case of a standby guardian judicially approved pursuant to \u00a7 16.1-350, the triggering event may also be specified as the qualified parent’s written consent to the commencement of the standby guardian’s authority. In the case of a standby guardian designated pursuant to \u00a7 16.1-351 or 16.1-352, the triggering event may also be specified as (i) a determination of debilitation of the qualified parent or evidence of the detention, incarceration, or deportation of the qualified parent connected to an immigration action or (ii) that parent’s written consent to the commencement of the designated standby guardian’s authority.","order_by":null,"text":{"0":{"id":254804,"text":"“Attending physician” means the physician who has primary responsibility for the treatment and care of a qualified parent.\n\t\t“Designation” means a writing which (i) is voluntarily executed in conformance with the requirements of \u00a7 16.1-351 and signed by a parent and (ii) names a person to act as standby guardian.\n\t\t“Determination of debilitation” means a written determination made by an attending physician that a qualified parent is chronically and substantially unable to care for a minor child as a result of a debilitating illness, disease or injury. Such a determination shall include the physician’s medical opinion to a reasonable degree of medical certainty, regarding the nature, cause, extent and probable duration of the parent’s debilitating condition.\n\t\t“Determination of incompetence” means a written determination made by the attending physician that to a reasonable degree of medical certainty a qualified parent is chronically and substantially unable to understand the nature and consequences of decisions concerning the care of a minor child as a result of a mental or organic impairment and is consequently unable to care for the child. Such a determination shall include the physician’s medical opinion, to a reasonable degree of medical certainty, regarding the nature, cause, extent and probable duration of the parent’s incompetence.\n\t\t“Parent” means a genetic or adoptive parent or parent determined in accordance with the standards set forth in \u00a7 20-49.1 or \u00a7 20-158, and includes a person, other than a parent, who has physical custody of a child and who has either been awarded custody by a court or claims a right to custody.\n\t\t“Qualified parent” means a parent who has (i) been diagnosed, as evidenced in writing, by a licensed physician to be afflicted with a progressive or chronic condition caused by injury, disease or illness from which, to a reasonable degree of medical probability, the patient cannot recover or (ii) reason to anticipate possible detention, incarceration, or deportation connected to an immigration action.\n\t\t“Standby guardian” means a person who, in accordance with this article, is designated in writing or approved by the court to temporarily assume the duties of guardian of the person or guardian of the property, or both, of a minor child on behalf of or in conjunction with a qualified parent upon the occurrence of a triggering event. The term shall be so construed as to enable the parent to plan for the future care of a child, without terminating parental or legal rights, and to give the standby guardian the authority to act in a manner consistent with the known wishes of a qualified parent regarding the care, custody and support of the minor child.\n\t\t“Triggering event” means the event upon the occurrence of which the standby guardian may be authorized to act. The triggering event shall be specified in the court order or written designation and shall be the earlier of a determination of incompetence or the death of the qualified parent. However, in the case of a standby guardian judicially approved pursuant to \u00a7 16.1-350, the triggering event may also be specified as the qualified parent’s written consent to the commencement of the standby guardian’s authority. In the case of a standby guardian designated pursuant to \u00a7 16.1-351 or 16.1-352, the triggering event may also be specified as (i) a determination of debilitation of the qualified parent or evidence of the detention, incarceration, or deportation of the qualified parent connected to an immigration action or (ii) that parent’s written consent to the commencement of the designated standby guardian’s authority.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14630,"edition_id":1,"name":"Standby Guardianship","identifier":"17","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:48:59","date_modified":"2026-06-26 03:48:59","permalink":{"id":161371,"object_type":"structure","relational_id":14630,"identifier":"17","token":"16.1\/11\/17","url":"\/16.1\/11\/17\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70620,"structure_id":14630,"section_number":"16.1-349","catch_line":"Definitions","url":"\/16.1-349\/","token":"16.1\/11\/17\/16.1-349","metadata":false},{"id":56180,"structure_id":14630,"section_number":"16.1-350","catch_line":"Petition for court approval of standby guardian","url":"\/16.1-350\/","token":"16.1\/11\/17\/16.1-350","metadata":false},{"id":84074,"structure_id":14630,"section_number":"16.1-351","catch_line":"Court order approving standby guardianship; authority; when effective","url":"\/16.1-351\/","token":"16.1\/11\/17\/16.1-351","metadata":false},{"id":81687,"structure_id":14630,"section_number":"16.1-352","catch_line":"Written designation of a standby guardian by a parent; commencement of authority; court approval required","url":"\/16.1-352\/","token":"16.1\/11\/17\/16.1-352","metadata":false},{"id":79903,"structure_id":14630,"section_number":"16.1-353","catch_line":"Further proceedings to determine permanent guardianship, custody","url":"\/16.1-353\/","token":"16.1\/11\/17\/16.1-353","metadata":false},{"id":66219,"structure_id":14630,"section_number":"16.1-354","catch_line":"Revocation, refusal, termination of standby guardianship","url":"\/16.1-354\/","token":"16.1\/11\/17\/16.1-354","metadata":false},{"id":57545,"structure_id":14630,"section_number":"16.1-355","catch_line":"Review of standby guardianship","url":"\/16.1-355\/","token":"16.1\/11\/17\/16.1-355","metadata":false}],"next_section":{"id":56180,"structure_id":14630,"section_number":"16.1-350","catch_line":"Petition for court approval of standby guardian","url":"\/16.1-350\/","token":"16.1\/11\/17\/16.1-350","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-349\/","history_text":"

This law was first created in 1998. The record of its establishment is cataloged in chapter 829<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"}],"refers_to":[{"id":56180,"section_number":"16.1-350","catch_line":"Petition for court approval of standby guardian","order_by":null,"url":"\/16.1-350\/"},{"id":84074,"section_number":"16.1-351","catch_line":"Court order approving standby guardianship; authority; when effective","order_by":null,"url":"\/16.1-351\/"},{"id":81687,"section_number":"16.1-352","catch_line":"Written designation of a standby guardian by a parent; commencement of authority; court approval required","order_by":null,"url":"\/16.1-352\/"},{"id":64023,"section_number":"20-158","catch_line":"Parentage of child resulting from assisted conception","order_by":null,"url":"\/20-158\/"},{"id":79167,"section_number":"20-49.1","catch_line":"How parent and child relationship established","order_by":null,"url":"\/20-49.1\/"}],"permalink":{"id":161373,"object_type":"law","relational_id":70620,"identifier":"16.1-349","token":"16.1\/11\/17\/16.1-349","url":"\/16.1-349\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-349\/","token":"16.1\/11\/17\/16.1-349","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-349","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

“Attending physician” means the physician who has primary responsibility for the treatment and care of a qualified parent<\/span>.\n\t\t“Designation<\/span>” means a writing which (i) is voluntarily executed in conformance with the requirements of \u00a7 16.1-351<\/a> and signed by a parent and (ii) names a person to act as standby guardian<\/span>.\n\t\t“Determination of debilitation<\/span>” means a written determination made by an attending physician that a qualified parent<\/span> is chronically and substantially unable to care for a minor<\/span> child as a result of a debilitating illness, disease or injury. Such a determination shall include the physician’s medical opinion<\/span> to a reasonable degree of medical certainty, regarding the nature, cause, extent and probable duration of the parent’s debilitating condition.\n\t\t“Determination of incompetence<\/span>” means a written determination made by the attending physician that to a reasonable degree of medical certainty a qualified parent<\/span> is chronically and substantially unable to understand the nature and consequences of decisions concerning the care of a minor<\/span> child as a result of a mental or organic impairment and is consequently unable to care for the child. Such a determination shall include the physician’s medical opinion<\/span>, to a reasonable degree of medical certainty, regarding the nature, cause, extent and probable duration of the parent’s incompetence.\n\t\t“Parent” means a genetic or adoptive parent or parent determined in accordance with the standards set forth in \u00a7 20-49.1<\/a> or \u00a7 20-158<\/a>, and includes a person, other than a parent, who has physical custody<\/span> of a child and who has either been awarded custody<\/span> by a court or claims a right to custody<\/span>.\n\t\t“Qualified parent<\/span>” means a parent who has (i) been diagnosed, as evidenced in writing, by a licensed physician to be afflicted with a progressive or chronic condition caused by injury, disease or illness from which, to a reasonable degree of medical probability, the patient cannot recover or (ii) reason to anticipate possible detention, incarceration, or deportation connected to an immigration action.\n\t\t“Standby guardian<\/span>” means a person who, in accordance with this article, is designated in writing or approved by the court<\/span> to temporarily assume the duties of guardian of the person or guardian of the property, or both, of a minor<\/span> child on behalf of or in conjunction with a qualified parent<\/span> upon the occurrence of a triggering event<\/span>. The term shall be so construed as to enable the parent to plan for the future care of a child, without terminating parental or legal rights, and to give the standby guardian<\/span> the authority to act in a manner consistent with the known wishes of a qualified parent<\/span> regarding the care, custody<\/span> and support of the minor<\/span> child.\n\t\t“Triggering event<\/span>” means the event upon the occurrence of which the standby guardian<\/span> may be authorized to act. The triggering event<\/span> shall be specified in the court order<\/span> or written designation<\/span> and shall be the earlier of a determination of incompetence<\/span> or the death of the qualified parent<\/span>. However, in the case of a standby guardian<\/span> judicially approved pursuant to \u00a7 16.1-350<\/a>, the triggering event<\/span> may also be specified as the qualified parent<\/span>’s written consent to the commencement of the standby guardian<\/span>’s authority. In the case of a standby guardian<\/span> designated pursuant to \u00a7 16.1-351<\/a> or 16.1-352<\/a>, the triggering event<\/span> may also be specified as (i) a determination of debilitation<\/span> of the qualified parent<\/span> or evidence<\/span> of the detention, incarceration, or deportation of the qualified parent<\/span> connected to an immigration action or (ii) that parent’s written consent to the commencement of the designated standby guardian<\/span>’s authority.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 16.1-349)\n\n“Attending physician” means the physician who has primary\nresponsibility for the treatment and care of a qualified parent.\n\t\t“Designation” means a writing which (i) is voluntarily executed in\nconformance with the requirements of \u00a7 16.1-351 and signed by a parent and (ii)\nnames a person to act as standby guardian.\n\t\t“Determination of debilitation” means a written determination made\nby an attending physician that a qualified parent is chronically and\nsubstantially unable to care for a minor child as a result of a debilitating\nillness, disease or injury. Such a determination shall include the\nphysician’s medical opinion to a reasonable degree of medical certainty,\nregarding the nature, cause, extent and probable duration of the parent’s\ndebilitating condition.\n\t\t“Determination of incompetence” means a written determination made\nby the attending physician that to a reasonable degree of medical certainty a\nqualified parent is chronically and substantially unable to understand the\nnature and consequences of decisions concerning the care of a minor child as a\nresult of a mental or organic impairment and is consequently unable to care for\nthe child. Such a determination shall include the physician’s medical\nopinion, to a reasonable degree of medical certainty, regarding the nature,\ncause, extent and probable duration of the parent’s incompetence.\n\t\t“Parent” means a genetic or adoptive parent or parent determined\nin accordance with the standards set forth in \u00a7 20-49.1 or \u00a7 20-158, and\nincludes a person, other than a parent, who has physical custody of a child and\nwho has either been awarded custody by a court or claims a right to custody.\n\t\t“Qualified parent” means a parent who has (i) been diagnosed, as\nevidenced in writing, by a licensed physician to be afflicted with a progressive\nor chronic condition caused by injury, disease or illness from which, to a\nreasonable degree of medical probability, the patient cannot recover or (ii)\nreason to anticipate possible detention, incarceration, or deportation connected\nto an immigration action.\n\t\t“Standby guardian” means a person who, in accordance with this\narticle, is designated in writing or approved by the court to temporarily assume\nthe duties of guardian of the person or guardian of the property, or both, of a\nminor child on behalf of or in conjunction with a qualified parent upon the\noccurrence of a triggering event. The term shall be so construed as to enable\nthe parent to plan for the future care of a child, without terminating parental\nor legal rights, and to give the standby guardian the authority to act in a\nmanner consistent with the known wishes of a qualified parent regarding the\ncare, custody and support of the minor child.\n\t\t“Triggering event” means the event upon the occurrence of which\nthe standby guardian may be authorized to act. The triggering event shall be\nspecified in the court order or written designation and shall be the earlier of\na determination of incompetence or the death of the qualified parent. However,\nin the case of a standby guardian judicially approved pursuant to \u00a7 16.1-350,\nthe triggering event may also be specified as the qualified parent’s\nwritten consent to the commencement of the standby guardian’s authority.\nIn the case of a standby guardian designated pursuant to \u00a7 16.1-351 or\n16.1-352, the triggering event may also be specified as (i) a determination of\ndebilitation of the qualified parent or evidence of the detention,\nincarceration, or deportation of the qualified parent connected to an\nimmigration action or (ii) that parent’s written consent to the\ncommencement of the designated standby guardian’s authority.\n\nHISTORY: 1998, c. 829; 2021, Sp. Sess. I, c. 241.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}