                                 CODE OF VIRGINIA

DEFINITIONS (§ 16.1-349)

&#8220;Attending physician&#8221; means the physician who has primary
responsibility for the treatment and care of a qualified parent.
		&#8220;Designation&#8221; means a writing which (i) is voluntarily executed in
conformance with the requirements of § 16.1-351 and signed by a parent and (ii)
names a person to act as standby guardian.
		&#8220;Determination of debilitation&#8221; 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&#8217;s medical opinion to a reasonable degree of medical certainty,
regarding the nature, cause, extent and probable duration of the parent&#8217;s
debilitating condition.
		&#8220;Determination of incompetence&#8221; 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&#8217;s medical
opinion, to a reasonable degree of medical certainty, regarding the nature,
cause, extent and probable duration of the parent&#8217;s incompetence.
		&#8220;Parent&#8221; means a genetic or adoptive parent or parent determined
in accordance with the standards set forth in § 20-49.1 or § 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.
		&#8220;Qualified parent&#8221; 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.
		&#8220;Standby guardian&#8221; 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.
		&#8220;Triggering event&#8221; 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 § 16.1-350,
the triggering event may also be specified as the qualified parent&#8217;s
written consent to the commencement of the standby guardian&#8217;s authority.
In the case of a standby guardian designated pursuant to § 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&#8217;s written consent to the
commencement of the designated standby guardian&#8217;s authority.

HISTORY: 1998, c. 829; 2021, Sp. Sess. I, c. 241.