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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>70620</law_id><section_number>16.1-349</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>16.1-241</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="16.1">Courts Not of Record</unit><unit label="chapter" level="2" order_by="1" identifier="11">Juvenile and Domestic Relations District Courts</unit><unit label="article" level="3" order_by="1" identifier="17">Standby Guardianship</unit></structure><text>
						<section><p>&#x201C;Attending physician&#x201D; means the physician who has primary responsibility for the treatment and care of a <span class="dictionary">qualified parent</span>.
		&#x201C;<span class="dictionary">Designation</span>&#x201D; means a writing which (i) is voluntarily executed in conformance with the requirements of &#xA7;&#xA0;<a class="law" title="Court order approving standby guardianship; authority; when effective" href="/16.1-351/">16.1-351</a> and signed by a parent and (ii) names a person to act as <span class="dictionary">standby guardian</span>.
		&#x201C;<span class="dictionary">Determination of debilitation</span>&#x201D; means a written determination made by an attending physician that a <span class="dictionary">qualified parent</span> is chronically and substantially unable to care for a <span class="dictionary">minor</span> child as a result of a debilitating illness, disease or injury. Such a determination shall include the physician&#x2019;s medical <span class="dictionary">opinion</span> to a reasonable degree of medical certainty, regarding the nature, cause, extent and probable duration of the parent&#x2019;s debilitating condition.
		&#x201C;<span class="dictionary">Determination of incompetence</span>&#x201D; means a written determination made by the attending physician that to a reasonable degree of medical certainty a <span class="dictionary">qualified parent</span> is chronically and substantially unable to understand the nature and consequences of decisions concerning the care of a <span class="dictionary">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&#x2019;s medical <span class="dictionary">opinion</span>, to a reasonable degree of medical certainty, regarding the nature, cause, extent and probable duration of the parent&#x2019;s incompetence.
		&#x201C;Parent&#x201D; means a genetic or adoptive parent or parent determined in accordance with the standards set forth in &#xA7;&#xA0;<a class="law" title="How parent and child relationship established" href="/20-49.1/">20-49.1</a> or &#xA7;&#xA0;<a class="law" title="Parentage of child resulting from assisted conception" href="/20-158/">20-158</a>, and includes a person, other than a parent, who has physical <span class="dictionary">custody</span> of a child and who has either been awarded <span class="dictionary">custody</span> by a court or claims a right to <span class="dictionary">custody</span>.
		&#x201C;<span class="dictionary">Qualified parent</span>&#x201D; 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.
		&#x201C;<span class="dictionary">Standby guardian</span>&#x201D; means a person who, in accordance with this article, is designated in writing or approved by <span class="dictionary">the court</span> to temporarily assume the duties of guardian of the person or guardian of the property, or both, of a <span class="dictionary">minor</span> child on behalf of or in conjunction with a <span class="dictionary">qualified parent</span> upon the occurrence of a <span class="dictionary">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 <span class="dictionary">standby guardian</span> the authority to act in a manner consistent with the known wishes of a <span class="dictionary">qualified parent</span> regarding the care, <span class="dictionary">custody</span> and support of the <span class="dictionary">minor</span> child.
		&#x201C;<span class="dictionary">Triggering event</span>&#x201D; means the event upon the occurrence of which the <span class="dictionary">standby guardian</span> may be authorized to act. The <span class="dictionary">triggering event</span> shall be specified in the <span class="dictionary">court order</span> or written <span class="dictionary">designation</span> and shall be the earlier of a <span class="dictionary">determination of incompetence</span> or the death of the <span class="dictionary">qualified parent</span>. However, in the case of a <span class="dictionary">standby guardian</span> judicially approved pursuant to &#xA7;&#xA0;<a class="law" title="Petition for court approval of standby guardian" href="/16.1-350/">16.1-350</a>, the <span class="dictionary">triggering event</span> may also be specified as the <span class="dictionary">qualified parent</span>&#x2019;s written consent to the commencement of the <span class="dictionary">standby guardian</span>&#x2019;s authority. In the case of a <span class="dictionary">standby guardian</span> designated pursuant to &#xA7;&#xA0;<a class="law" title="Court order approving standby guardianship; authority; when effective" href="/16.1-351/">16.1-351</a> or <a class="law" title="Written designation of a standby guardian by a parent; commencement of authority; court approval required" href="/16.1-352/">16.1-352</a>, the <span class="dictionary">triggering event</span> may also be specified as (i) a <span class="dictionary">determination of debilitation</span> of the <span class="dictionary">qualified parent</span> or <span class="dictionary">evidence</span> of the detention, incarceration, or deportation of the <span class="dictionary">qualified parent</span> connected to an immigration action or (ii) that parent&#x2019;s written consent to the commencement of the designated <span class="dictionary">standby guardian</span>&#x2019;s authority.</p></section></text><history>1998, c. 829; 2021, Sp. Sess. I, c. 241.</history><metadata></metadata></law>
