                                 CODE OF VIRGINIA

WRITTEN DESIGNATION OF A STANDBY GUARDIAN BY A PARENT; COMMENCEMENT OF
AUTHORITY; COURT APPROVAL REQUIRED (§ 16.1-352)

A. A parent may execute a written designation of a standby guardian at any time.
The written designation shall state:

   1. The name, address and birthdate of the child affected;

   2. The triggering event; and

   3. The name and address of the person designated as standby guardian or
   alternate.
   				The 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. 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&#8217;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. 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.

D. 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.
			The provisions of subsection C of § 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. The person was duly designated as standby guardian pursuant to this section
   and the designation has not been revoked;

   2. A determination of incompetence was made; a determination of debilitation
   was made and the parent consented to commencement of the standby
   guardian&#8217;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. The best interests of the child will be served by approval of the standby
   guardian; and

   4. If the petition is by an alternate, that the designated standby guardian is
   unwilling or unable to serve.

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