{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-352.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-352.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-352.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-352.html"}],"law_id":81687,"edition_id":1,"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","history":"1998, c. 829; 2021, Sp. Sess. I, c. 241.","full_text":"A\n\nA parent may execute a written designation of a standby guardian at any time. The written designation shall state:1\n\nThe name, address and birthdate of the child affected;2\n\nThe triggering event; and3\n\nThe name and address of the person designated as standby guardian or alternate.\n\t\t\t\tThe written designation shall be signed by the parent. Another adult may sign the written designation on behalf of the parent if the parent is physically unable to do so, provided the designation is signed at the express request of the parent and in the presence of the parent. The designated standby guardian or alternate may not sign on behalf of the parent. The signed designation shall be delivered to the standby guardian and any alternate named as soon as practicable.B\n\nFollowing such delivery of the designation, the authority of a standby guardian to act for a qualified parent shall commence upon the occurrence of the specified triggering event and receipt by him of (i) a determination of incompetence; (ii) a certificate of death of the parent; (iii) evidence of the detention, incarceration, or deportation of the parent connected to an immigration action; or (iv) a determination of debilitation and the qualified parent’s written consent to such commencement, signed by the parent or another on his behalf and at his direction as provided in subsection A for the designation.C\n\nA standby guardian under a designation shall have the authority of a guardian of the person and a guardian of the property of the child, unless otherwise specified in the designation.D\n\nA designated standby guardian or alternate shall file a petition for approval as standby guardian. The petition shall be filed as soon as practicable after the occurrence of the triggering event but in no event later than 30 days after the date of the commencement of his authority. The authority of the standby guardian shall cease upon his failure to so file, but shall recommence upon such filing. The petition shall be accompanied by a copy of the designation and any determinations of incapacity or debilitation or a certificate of death.\n\t\t\tThe provisions of subsection C of \u00a7 16.1-350 shall apply to a petition filed pursuant to this section. The court shall enter an order approving the designated guardian as standby guardian upon finding that:1\n\nThe person was duly designated as standby guardian pursuant to this section and the designation has not been revoked;2\n\nA determination of incompetence was made; a determination of debilitation was made and the parent consented to commencement of the standby guardian’s authority; the parent has died as evidenced by a death certificate; or the parent has been detained, incarcerated, or deported in connection with an immigration action;3\n\nThe best interests of the child will be served by approval of the standby guardian; and4\n\nIf the petition is by an alternate, that the designated standby guardian is unwilling or unable to serve.","order_by":null,"text":{"0":{"id":292611,"text":"A parent may execute a written designation of a standby guardian at any time. The written designation shall state:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":292612,"text":"The name, address and birthdate of the child affected;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":292613,"text":"The triggering event; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":292614,"text":"The name and address of the person designated as standby guardian or alternate.\n\t\t\t\tThe written designation shall be signed by the parent. Another adult may sign the written designation on behalf of the parent if the parent is physically unable to do so, provided the designation is signed at the express request of the parent and in the presence of the parent. The designated standby guardian or alternate may not sign on behalf of the parent. The signed designation shall be delivered to the standby guardian and any alternate named as soon as practicable.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":292615,"text":"Following such delivery of the designation, the authority of a standby guardian to act for a qualified parent shall commence upon the occurrence of the specified triggering event and receipt by him of (i) a determination of incompetence; (ii) a certificate of death of the parent; (iii) evidence of the detention, incarceration, or deportation of the parent connected to an immigration action; or (iv) a determination of debilitation and the qualified parent’s written consent to such commencement, signed by the parent or another on his behalf and at his direction as provided in subsection A for the designation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":292616,"text":"A standby guardian under a designation shall have the authority of a guardian of the person and a guardian of the property of the child, unless otherwise specified in the designation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":292617,"text":"A designated standby guardian or alternate shall file a petition for approval as standby guardian. The petition shall be filed as soon as practicable after the occurrence of the triggering event but in no event later than 30 days after the date of the commencement of his authority. The authority of the standby guardian shall cease upon his failure to so file, but shall recommence upon such filing. The petition shall be accompanied by a copy of the designation and any determinations of incapacity or debilitation or a certificate of death.\n\t\t\tThe provisions of subsection C of \u00a7 16.1-350 shall apply to a petition filed pursuant to this section. The court shall enter an order approving the designated guardian as standby guardian upon finding that:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"7":{"id":292618,"text":"The person was duly designated as standby guardian pursuant to this section and the designation has not been revoked;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"8":{"id":292619,"text":"A determination of incompetence was made; a determination of debilitation was made and the parent consented to commencement of the standby guardian’s authority; the parent has died as evidenced by a death certificate; or the parent has been detained, incarcerated, or deported in connection with an immigration action;","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"9":{"id":292620,"text":"The best interests of the child will be served by approval of the standby guardian; and","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"10":{"id":292621,"text":"If the petition is by an alternate, that the designated standby guardian is unwilling or unable to serve.","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-352\/","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":56180,"section_number":"16.1-350","catch_line":"Petition for court approval of standby guardian","order_by":null,"url":"\/16.1-350\/"}],"permalink":{"id":161385,"object_type":"law","relational_id":81687,"identifier":"16.1-352","token":"16.1\/11\/17\/16.1-352","url":"\/16.1-352\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-352\/","token":"16.1\/11\/17\/16.1-352","dublin_core":{"Title":"Written designation of a standby guardian by a parent; commencement of authority; court approval required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-352","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A parent may execute a written designation of a standby guardian at any time. The written designation shall state: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

2.<\/span> The triggering event; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The name and address of the person designated as standby guardian or alternate.\n\t\t\t\tThe written designation shall be signed by the parent. Another adult<\/span> may sign the written designation on behalf of the parent if the parent is physically unable to do so, provided the designation is signed at the express request of the parent and in the presence of the parent. The designated standby guardian or alternate may not sign on behalf of the parent. The signed designation shall be delivered to the standby guardian and any alternate named as soon as practicable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Following such delivery of the designation, the authority of a standby guardian to act for a qualified parent shall commence upon the occurrence of the specified triggering event and receipt by him of (i) a determination of incompetence; (ii) a certificate of death of the parent; (iii) evidence<\/span> of the detention, incarceration, or deportation of the parent connected to an immigration action; or (iv) a determination of debilitation and the qualified parent’s written consent to such commencement, signed by the parent or another on his behalf and at his direction as provided in subsection A for the designation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A standby guardian under a designation shall have the authority of a guardian of the person and a guardian of the property of the child, unless otherwise specified in the designation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A designated standby guardian or alternate shall file a petition<\/span> for approval as standby guardian. The petition<\/span> shall be filed as soon as practicable after the occurrence of the triggering event but in no event later than 30 days after the date of the commencement of his authority. The authority of the standby guardian shall cease upon his failure to so file, but shall recommence upon such filing. The petition<\/span> shall be accompanied by a copy of the designation and any determinations of incapacity or debilitation or a certificate of death.\n\t\t\tThe provisions of subsection C of \u00a7 16.1-350<\/a> shall apply to a petition<\/span> filed pursuant to this section. The court<\/span> shall enter an order<\/span> approving the designated guardian as standby guardian upon finding<\/span> that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The person was duly designated as standby guardian pursuant to this section and the designation has not been revoked; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A determination of incompetence was made; a determination of debilitation was made and the parent consented to commencement of the standby guardian’s authority; the parent has died as evidenced by a death certificate; or the parent has been detained, incarcerated, or deported in connection with an immigration action; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The best interests of the child will be served by approval of the standby guardian; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If the petition<\/span> is by an alternate, that the designated standby guardian is unwilling or unable to serve. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWRITTEN DESIGNATION OF A STANDBY GUARDIAN BY A PARENT; COMMENCEMENT OF\nAUTHORITY; COURT APPROVAL REQUIRED (\u00a7 16.1-352)\n\nA. A parent may execute a written designation of a standby guardian at any time.\nThe written designation shall state:\n\n 1. The name, address and birthdate of the child affected;\n\n 2. The triggering event; and\n\n 3. The name and address of the person designated as standby guardian or\n alternate.\n \t\t\t\tThe written designation shall be signed by the parent. Another adult may\n sign the written designation on behalf of the parent if the parent is\n physically unable to do so, provided the designation is signed at the express\n request of the parent and in the presence of the parent. The designated\n standby guardian or alternate may not sign on behalf of the parent. The signed\n designation shall be delivered to the standby guardian and any alternate named\n as soon as practicable.\n\nB. Following such delivery of the designation, the authority of a standby\nguardian to act for a qualified parent shall commence upon the occurrence of the\nspecified triggering event and receipt by him of (i) a determination of\nincompetence; (ii) a certificate of death of the parent; (iii) evidence of the\ndetention, incarceration, or deportation of the parent connected to an\nimmigration action; or (iv) a determination of debilitation and the qualified\nparent’s written consent to such commencement, signed by the parent or\nanother on his behalf and at his direction as provided in subsection A for the\ndesignation.\n\nC. A standby guardian under a designation shall have the authority of a guardian\nof the person and a guardian of the property of the child, unless otherwise\nspecified in the designation.\n\nD. A designated standby guardian or alternate shall file a petition for approval\nas standby guardian. The petition shall be filed as soon as practicable after\nthe occurrence of the triggering event but in no event later than 30 days after\nthe date of the commencement of his authority. The authority of the standby\nguardian shall cease upon his failure to so file, but shall recommence upon such\nfiling. The petition shall be accompanied by a copy of the designation and any\ndeterminations of incapacity or debilitation or a certificate of death.\n\t\t\tThe provisions of subsection C of \u00a7 16.1-350 shall apply to a petition filed\npursuant to this section. The court shall enter an order approving the\ndesignated guardian as standby guardian upon finding that:\n\n 1. The person was duly designated as standby guardian pursuant to this section\n and the designation has not been revoked;\n\n 2. A determination of incompetence was made; a determination of debilitation\n was made and the parent consented to commencement of the standby\n guardian’s authority; the parent has died as evidenced by a death\n certificate; or the parent has been detained, incarcerated, or deported in\n connection with an immigration action;\n\n 3. The best interests of the child will be served by approval of the standby\n guardian; and\n\n 4. If the petition is by an alternate, that the designated standby guardian is\n unwilling or unable to serve.\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}}