                                 CODE OF VIRGINIA

COURT ORDER APPROVING STANDBY GUARDIANSHIP; AUTHORITY; WHEN EFFECTIVE (§
16.1-351)

Upon consideration of the factors set out in § 20-124.3 and finding that (i)
the child&#8217;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.
		The 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.
		As soon as practicable after entry of the order, a copy shall be served on the
standby guardian.
		A 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.
		The standby guardian shall file with the court, as soon as practicable but in
no event later than 30 days following a parent&#8217;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.

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