                                 CODE OF VIRGINIA

FURTHER PROCEEDINGS TO DETERMINE PERMANENT GUARDIANSHIP, CUSTODY (§ 16.1-353)

A. If the triggering event was death of the qualified parent, within 90 days
following the occurrence of the triggering event or, if later, commencement of
the standby guardian&#8217;s authority, the standby guardian shall (i) petition
for appointment of a guardian for the child as otherwise provided by law or (ii)
initiate other proceedings to determine custody of the child pursuant to Chapter
6.1 (&#xA7; 20-124.1 et seq.) of Title 20, or both.

B. In all other cases a standby guardian shall promptly after occurrence of the
triggering event initiate such proceedings to determine permanent custody,
absent objection by the qualified parent.
			The petition shall be accompanied by:

   1. The court order approving or written designation of a standby guardian; and

   2. The attending physician&#8217;s written determination of incompetence or
   debilitation; a verification of death; or evidence of the parent&#8217;s
   detention, incarceration, or deportation in connection with an immigration
   action.

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