{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-351.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-351.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-351.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-351.html"}],"law_id":84074,"edition_id":1,"section_id":84074,"structure_id":14630,"section_number":"16.1-351","catch_line":"Court order approving standby guardianship; authority; when effective","history":"1998, c. 829; 2021, Sp. Sess. I, c. 241.","full_text":"Upon consideration of the factors set out in \u00a7 20-124.3 and finding that (i) the child’s parent is a qualified parent and (ii) appointment of a standby guardian is in the best interest of the child, the court shall appoint a proper and suitable person as standby guardian and, if requested, a proper and suitable person as alternate standby guardian. However, when a petition is filed by a person other than a parent having custody of the child, the standby guardian shall be appointed only with the consent of the qualified parent unless the court finds that such consent cannot be given for medical reasons.\n\t\tThe order shall specify the triggering event and shall provide that the authority of the standby guardian is effective (a) upon receipt by the standby guardian of (1) a determination of incompetence of the parent, (2) a certificate of death of the parent, (3) evidence of the detention, incarceration, or deportation of the parent connected to an immigration action, or (4) the earlier of clause (1), (2), or (3) or (b) if so requested in the petition, upon receipt by the standby guardian of a written consent of the qualified parent and filing of the consent with the court. The written consent shall be executed after the entry of the court order and signed by the qualified parent, or by another in his presence and on his behalf.\n\t\tAs soon as practicable after entry of the order, a copy shall be served on the standby guardian.\n\t\tA standby guardian shall have the powers and duties of a guardian of the person and a guardian of the property of a minor, unless otherwise specified in the order.\n\t\tThe standby guardian shall file with the court, as soon as practicable but in no event later than 30 days following a parent’s death, determination of incompetence, consent, or detention, incarceration, or deportation connected to an immigration action, a copy of the certificate of death, determination of incompetence, consent, or evidence of such detention, incarceration, or deportation of the qualified parent upon which his authority is based. Failure to file within the time specified shall be grounds for the court to rescind the authority of the standby guardian sua sponte or upon petition of any person but all acts undertaken by the standby guardian on behalf of and in the interests of the child shall be valid and enforceable.","order_by":null,"text":{"0":{"id":301281,"text":"Upon consideration of the factors set out in \u00a7 20-124.3 and finding that (i) the child’s parent is a qualified parent and (ii) appointment of a standby guardian is in the best interest of the child, the court shall appoint a proper and suitable person as standby guardian and, if requested, a proper and suitable person as alternate standby guardian. However, when a petition is filed by a person other than a parent having custody of the child, the standby guardian shall be appointed only with the consent of the qualified parent unless the court finds that such consent cannot be given for medical reasons.\n\t\tThe order shall specify the triggering event and shall provide that the authority of the standby guardian is effective (a) upon receipt by the standby guardian of (1) a determination of incompetence of the parent, (2) a certificate of death of the parent, (3) evidence of the detention, incarceration, or deportation of the parent connected to an immigration action, or (4) the earlier of clause (1), (2), or (3) or (b) if so requested in the petition, upon receipt by the standby guardian of a written consent of the qualified parent and filing of the consent with the court. The written consent shall be executed after the entry of the court order and signed by the qualified parent, or by another in his presence and on his behalf.\n\t\tAs soon as practicable after entry of the order, a copy shall be served on the standby guardian.\n\t\tA standby guardian shall have the powers and duties of a guardian of the person and a guardian of the property of a minor, unless otherwise specified in the order.\n\t\tThe standby guardian shall file with the court, as soon as practicable but in no event later than 30 days following a parent’s death, determination of incompetence, consent, or detention, incarceration, or deportation connected to an immigration action, a copy of the certificate of death, determination of incompetence, consent, or evidence of such detention, incarceration, or deportation of the qualified parent upon which his authority is based. Failure to file within the time specified shall be grounds for the court to rescind the authority of the standby guardian sua sponte or upon petition of any person but all acts undertaken by the standby guardian on behalf of and in the interests of the child shall be valid and enforceable.","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}],"previous_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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-351\/","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\/"}],"refers_to":[{"id":72356,"section_number":"20-124.3","catch_line":"Best interests of the child; visitation","order_by":null,"url":"\/20-124.3\/"}],"permalink":{"id":161381,"object_type":"law","relational_id":84074,"identifier":"16.1-351","token":"16.1\/11\/17\/16.1-351","url":"\/16.1-351\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-351\/","token":"16.1\/11\/17\/16.1-351","dublin_core":{"Title":"Court order approving standby guardianship; authority; when effective","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-351","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Upon consideration of the factors set out in \u00a7 20-124.3<\/a> and finding<\/span> that (i) the child’s parent is a qualified parent and (ii) appointment of a standby guardian is in the best interest of the child, the court<\/span> shall appoint a proper and suitable person as standby guardian and, if requested, a proper and suitable person as alternate standby guardian. However, when a petition<\/span> is filed by a person other than a parent having custody<\/span> of the child, the standby guardian shall be appointed only with the consent of the qualified parent unless the court<\/span> finds that such consent cannot be given for medical reasons.\n\t\tThe order shall specify the triggering event and shall provide that the authority of the standby guardian is effective (a) upon receipt by the standby guardian of (1) a determination of incompetence of the parent, (2) a certificate of death of the parent, (3) evidence<\/span> of the detention, incarceration, or deportation of the parent connected to an immigration action, or (4) the earlier of clause (1), (2), or (3) or (b) if so requested in the petition<\/span>, upon receipt by the standby guardian of a written consent of the qualified parent and filing of the consent with the court<\/span>. The written consent shall be executed after the entry of the court order<\/span> and signed by the qualified parent, or by another in his presence and on his behalf.\n\t\tAs soon as practicable after entry of the order, a copy shall be served on the standby guardian.\n\t\tA standby guardian shall have the powers and duties of a guardian of the person and a guardian of the property of a minor<\/span>, unless otherwise specified in the order.\n\t\tThe standby guardian shall file with the court<\/span>, as soon as practicable but in no event later than 30 days following a parent’s death, determination of incompetence, consent, or detention, incarceration, or deportation connected to an immigration action, a copy of the certificate of death, determination of incompetence, consent, or evidence<\/span> of such detention, incarceration, or deportation of the qualified parent upon which his authority is based. Failure to file within the time specified shall be grounds for the court<\/span> to rescind the authority of the standby guardian sua sponte<\/span> or upon petition<\/span> of any person but all acts undertaken by the standby guardian on behalf of and in the interests of the child shall be valid and enforceable.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOURT ORDER APPROVING STANDBY GUARDIANSHIP; AUTHORITY; WHEN EFFECTIVE (\u00a7\n16.1-351)\n\nUpon consideration of the factors set out in \u00a7 20-124.3 and finding that (i)\nthe child’s parent is a qualified parent and (ii) appointment of a standby\nguardian is in the best interest of the child, the court shall appoint a proper\nand suitable person as standby guardian and, if requested, a proper and suitable\nperson as alternate standby guardian. However, when a petition is filed by a\nperson other than a parent having custody of the child, the standby guardian\nshall be appointed only with the consent of the qualified parent unless the\ncourt finds that such consent cannot be given for medical reasons.\n\t\tThe order shall specify the triggering event and shall provide that the\nauthority of the standby guardian is effective (a) upon receipt by the standby\nguardian of (1) a determination of incompetence of the parent, (2) a certificate\nof death of the parent, (3) evidence of the detention, incarceration, or\ndeportation of the parent connected to an immigration action, or (4) the earlier\nof clause (1), (2), or (3) or (b) if so requested in the petition, upon receipt\nby the standby guardian of a written consent of the qualified parent and filing\nof the consent with the court. The written consent shall be executed after the\nentry of the court order and signed by the qualified parent, or by another in\nhis presence and on his behalf.\n\t\tAs soon as practicable after entry of the order, a copy shall be served on the\nstandby guardian.\n\t\tA standby guardian shall have the powers and duties of a guardian of the\nperson and a guardian of the property of a minor, unless otherwise specified in\nthe order.\n\t\tThe standby guardian shall file with the court, as soon as practicable but in\nno event later than 30 days following a parent’s death, determination of\nincompetence, consent, or detention, incarceration, or deportation connected to\nan immigration action, a copy of the certificate of death, determination of\nincompetence, consent, or evidence of such detention, incarceration, or\ndeportation of the qualified parent upon which his authority is based. Failure\nto file within the time specified shall be grounds for the court to rescind the\nauthority of the standby guardian sua sponte or upon petition of any person but\nall acts undertaken by the standby guardian on behalf of and in the interests of\nthe child shall be valid and enforceable.\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}}