{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-350.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-350.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-350.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-350.html"}],"law_id":56180,"edition_id":1,"section_id":56180,"structure_id":14630,"section_number":"16.1-350","catch_line":"Petition for court approval of standby guardian","history":"1998, c. 829; 2021, Sp. Sess. I, c. 241.","full_text":"A\n\nUpon petition of any person, the juvenile court of the jurisdiction in which a child resides may approve a person as standby guardian for a child of a qualified parent upon the occurrence of a specified triggering event. If requested in the petition, the court may also approve an alternate standby guardian identified by the petitioner, to act in the event that at any time after approval pursuant to this section the standby guardian is unable or unwilling to assume the responsibilities of the standby guardianship.B\n\nThe petition shall state:1\n\nThe name and address of the petitioner and his relationship to the child and the name and address of the child’s qualified parent, and the name and address of any other parent of the child whose identity and whereabouts are known to the petitioner or can reasonably be ascertained;2\n\nThe name, address and birthdate of the child;3\n\nThe nature of the proposed triggering event, including when a qualified parent’s consent would be effective in those cases where such consent is chosen as the triggering event;4\n\nWhether a determination of incompetence or debilitation has been made and, if so, when and by whom;5\n\nWhether there is a significant risk that the qualified parent will imminently become physically or mentally incapable of caring for the child or die as the result of a progressive chronic condition or illness, or be detained, incarcerated, or deported in connection with an immigration action; however, a petitioner shall not be required to submit documentation of a parent’s medical or immigration status with the petition;6\n\nThe name and address of the person proposed as standby guardian and any alternate and whether the petition requests that such person be given authority as a guardian of the person or guardian of the property of the minor, or both;7\n\nA statement of any known reasons as to why the child’s other parent is not assuming or should not assume the responsibilities of a standby guardian;8\n\nWhether there is any prior judicial history regarding custody of the child or any pending litigation regarding custody of the child; and9\n\nThe name and address of the attending physician.C\n\nUpon the filing of a petition, notice of the filing shall promptly be given to each parent of the child whose identity and whereabouts are known to the petitioner. The court shall direct the issuance of summonses to the child, if the child is 12 or more years of age and the proposed standby guardian and alternate, if any, and such other persons as appear to the court to be proper or necessary parties to the proceedings including the child’s parents, guardian, legal custodian or other person standing in loco parentis, if the identity and whereabouts of such persons are known. Service of the summons shall be made pursuant to § 16.1-264.\n\t\t\tAn order approving the standby guardian shall not be entered without a hearing if there is another known parent, stepparents, adult siblings, or other adult related to the child by blood, marriage, or adoption who requests a hearing within 10 days of the date that notice of the filing was sent or if there is other litigation pending regarding custody of the child.\n\t\t\tPrior to any hearing on the petition, the court may appoint a discreet and competent attorney at law as guardian ad litem to represent the child pursuant to § 16.1-266.1. In the case of a petition filed by anyone other than a parent of the child, the court shall appoint a guardian ad litem. The qualified parent shall not be required to appear in court if the parent is medically unable to appear, except upon motion for good cause shown.","order_by":null,"text":{"0":{"id":205846,"text":"Upon petition of any person, the juvenile court of the jurisdiction in which a child resides may approve a person as standby guardian for a child of a qualified parent upon the occurrence of a specified triggering event. If requested in the petition, the court may also approve an alternate standby guardian identified by the petitioner, to act in the event that at any time after approval pursuant to this section the standby guardian is unable or unwilling to assume the responsibilities of the standby guardianship.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":205847,"text":"The petition shall state:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":205848,"text":"The name and address of the petitioner and his relationship to the child and the name and address of the child’s qualified parent, and the name and address of any other parent of the child whose identity and whereabouts are known to the petitioner or can reasonably be ascertained;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":205849,"text":"The name, address and birthdate of the child;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":205850,"text":"The nature of the proposed triggering event, including when a qualified parent’s consent would be effective in those cases where such consent is chosen as the triggering event;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":205851,"text":"Whether a determination of incompetence or debilitation has been made and, if so, when and by whom;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":205852,"text":"Whether there is a significant risk that the qualified parent will imminently become physically or mentally incapable of caring for the child or die as the result of a progressive chronic condition or illness, or be detained, incarcerated, or deported in connection with an immigration action; however, a petitioner shall not be required to submit documentation of a parent’s medical or immigration status with the petition;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":205853,"text":"The name and address of the person proposed as standby guardian and any alternate and whether the petition requests that such person be given authority as a guardian of the person or guardian of the property of the minor, or both;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":205854,"text":"A statement of any known reasons as to why the child’s other parent is not assuming or should not assume the responsibilities of a standby guardian;","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":205855,"text":"Whether there is any prior judicial history regarding custody of the child or any pending litigation regarding custody of the child; and","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"10":{"id":205856,"text":"The name and address of the attending physician.","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"C"},"11":{"id":205857,"text":"Upon the filing of a petition, notice of the filing shall promptly be given to each parent of the child whose identity and whereabouts are known to the petitioner. The court shall direct the issuance of summonses to the child, if the child is 12 or more years of age and the proposed standby guardian and alternate, if any, and such other persons as appear to the court to be proper or necessary parties to the proceedings including the child’s parents, guardian, legal custodian or other person standing in loco parentis, if the identity and whereabouts of such persons are known. Service of the summons shall be made pursuant to § 16.1-264.\n\t\t\tAn order approving the standby guardian shall not be entered without a hearing if there is another known parent, stepparents, adult siblings, or other adult related to the child by blood, marriage, or adoption who requests a hearing within 10 days of the date that notice of the filing was sent or if there is other litigation pending regarding custody of the child.\n\t\t\tPrior to any hearing on the petition, the court may appoint a discreet and competent attorney at law as guardian ad litem to represent the child pursuant to § 16.1-266.1. In the case of a petition filed by anyone other than a parent of the child, the court shall appoint a guardian ad litem. The qualified parent shall not be required to appear in court if the parent is medically unable to appear, except upon motion for good cause shown.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B9"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-350\/","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":70620,"section_number":"16.1-349","catch_line":"Definitions","order_by":null,"url":"\/16.1-349\/"},{"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\/"}],"refers_to":[{"id":75806,"section_number":"16.1-264","catch_line":"Service of summons; proof of service; penalty","order_by":null,"url":"\/16.1-264\/"},{"id":72020,"section_number":"16.1-266.1","catch_line":"Standards for attorneys appointed as guardians ad litem; list of qualified attorneys; attorneys appointed for parents or guardians","order_by":null,"url":"\/16.1-266.1\/"}],"permalink":{"id":161377,"object_type":"law","relational_id":56180,"identifier":"16.1-350","token":"16.1\/11\/17\/16.1-350","url":"\/16.1-350\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-350\/","token":"16.1\/11\/17\/16.1-350","dublin_core":{"Title":"Petition for court approval of standby guardian","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-350","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon petition<\/span> of any person, the juvenile court<\/span> of the jurisdiction<\/span> in which a child resides may approve a person as standby guardian for a child of a qualified parent upon the occurrence of a specified triggering event. If requested in the petition<\/span>, the court<\/span> may also approve an alternate standby guardian identified by the petitioner, to act in the event that at any time after approval pursuant to this section the standby guardian is unable or unwilling to assume the responsibilities of the standby guardianship. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The petition<\/span> shall state: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The name and address of the petitioner and his relationship to the child and the name and address of the child’s qualified parent, and the name and address of any other parent of the child whose identity and whereabouts are known to the petitioner or can reasonably be ascertained; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The name, address and birthdate of the child; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The nature of the proposed triggering event, including when a qualified parent’s consent would be effective in those cases where such consent is chosen as the triggering event; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Whether a determination of incompetence or debilitation has been made and, if so, when and by whom; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Whether there is a significant risk that the qualified parent will imminently become physically or mentally incapable of caring for the child or die as the result of a progressive chronic condition or illness, or be detained, incarcerated, or deported in connection with an immigration action; however, a petitioner shall not be required to submit documentation of a parent’s medical or immigration status with the petition<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The name and address of the person proposed as standby guardian and any alternate and whether the petition<\/span> requests that such person be given authority as a guardian of the person or guardian of the property of the minor<\/span>, or both; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> A statement of any known reasons as to why the child’s other parent is not assuming or should not assume the responsibilities of a standby guardian; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Whether there is any prior judicial history regarding custody<\/span> of the child or any pending litigation<\/span> regarding custody<\/span> of the child; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> The name and address of the attending physician. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon the filing of a petition<\/span>, notice of the filing shall promptly be given to each parent of the child whose identity and whereabouts are known to the petitioner. The court<\/span> shall direct the issuance of summonses to the child, if the child is 12 or more years of age and the proposed standby guardian and alternate, if any, and such other persons as appear to the court<\/span> to be proper or necessary parties to the proceedings including the child’s parents, guardian, legal custodian or other person standing in loco parentis, if the identity and whereabouts of such persons are known. Service of the summons<\/span> shall be made pursuant to § 16.1-264<\/a>.\n\t\t\tAn order<\/span> approving the standby guardian shall not be entered without a hearing<\/span> if there is another known parent, stepparents, adult<\/span> siblings, or other adult<\/span> related to the child by blood, marriage, or adoption who requests a hearing<\/span> within 10 days of the date that notice of the filing was sent or if there is other litigation<\/span> pending regarding custody<\/span> of the child.\n\t\t\tPrior to any hearing<\/span> on the petition<\/span>, the court<\/span> may appoint a discreet and competent attorney at law<\/span> as guardian ad litem<\/span> to represent the child pursuant to § 16.1-266.1<\/a>. In the case of a petition<\/span> filed by anyone other than a parent of the child, the court<\/span> shall appoint a guardian ad litem<\/span>. The qualified parent shall not be required to appear in court if the parent is medically unable to appear, except upon motion<\/span> for good cause shown. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPETITION FOR COURT APPROVAL OF STANDBY GUARDIAN (\u00a7 16.1-350)\n\nA. Upon petition of any person, the juvenile court of the jurisdiction in which\na child resides may approve a person as standby guardian for a child of a\nqualified parent upon the occurrence of a specified triggering event. If\nrequested in the petition, the court may also approve an alternate standby\nguardian identified by the petitioner, to act in the event that at any time\nafter approval pursuant to this section the standby guardian is unable or\nunwilling to assume the responsibilities of the standby guardianship.\n\nB. The petition shall state:\n\n 1. The name and address of the petitioner and his relationship to the child\n and the name and address of the child’s qualified parent, and the name\n and address of any other parent of the child whose identity and whereabouts\n are known to the petitioner or can reasonably be ascertained;\n\n 2. The name, address and birthdate of the child;\n\n 3. The nature of the proposed triggering event, including when a qualified\n parent’s consent would be effective in those cases where such consent is\n chosen as the triggering event;\n\n 4. Whether a determination of incompetence or debilitation has been made and,\n if so, when and by whom;\n\n 5. Whether there is a significant risk that the qualified parent will\n imminently become physically or mentally incapable of caring for the child or\n die as the result of a progressive chronic condition or illness, or be\n detained, incarcerated, or deported in connection with an immigration action;\n however, a petitioner shall not be required to submit documentation of a\n parent’s medical or immigration status with the petition;\n\n 6. The name and address of the person proposed as standby guardian and any\n alternate and whether the petition requests that such person be given\n authority as a guardian of the person or guardian of the property of the\n minor, or both;\n\n 7. A statement of any known reasons as to why the child’s other parent\n is not assuming or should not assume the responsibilities of a standby\n guardian;\n\n 8. Whether there is any prior judicial history regarding custody of the child\n or any pending litigation regarding custody of the child; and\n\n 9. The name and address of the attending physician.\n\nC. Upon the filing of a petition, notice of the filing shall promptly be given\nto each parent of the child whose identity and whereabouts are known to the\npetitioner. The court shall direct the issuance of summonses to the child, if\nthe child is 12 or more years of age and the proposed standby guardian and\nalternate, if any, and such other persons as appear to the court to be proper or\nnecessary parties to the proceedings including the child’s parents,\nguardian, legal custodian or other person standing in loco parentis, if the\nidentity and whereabouts of such persons are known. Service of the summons shall\nbe made pursuant to § 16.1-264.\n\t\t\tAn order approving the standby guardian shall not be entered without a\nhearing if there is another known parent, stepparents, adult siblings, or other\nadult related to the child by blood, marriage, or adoption who requests a\nhearing within 10 days of the date that notice of the filing was sent or if\nthere is other litigation pending regarding custody of the child.\n\t\t\tPrior to any hearing on the petition, the court may appoint a discreet and\ncompetent attorney at law as guardian ad litem to represent the child pursuant\nto § 16.1-266.1. In the case of a petition filed by anyone other than a\nparent of the child, the court shall appoint a guardian ad litem. The qualified\nparent shall not be required to appear in court if the parent is medically\nunable to appear, except upon motion for good cause shown.\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}}