§ 16.1-352. Written designation of a standby guardian by a parent;commencement of authority; court approval required.
A. A parent may execute a written designation of a standby guardian at anytime. 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 oralternate.
The written designation shall be signed by the parent. Another adult may signthe written designation on behalf of the parent if the parent is physicallyunable to do so, provided the designation is signed at the express request ofthe parent and in the presence of the parent. The designated standby guardianor alternate may not sign on behalf of the parent. The signed designationshall be delivered to the standby guardian and any alternate named as soon aspracticable.
B. Following such delivery of the designation, the authority of a standbyguardian to act for a qualified parent shall commence upon the occurrence ofthe specified triggering event and receipt by him of (i) a determination ofincompetence, (ii) a certificate of death of the parent, or (iii) adetermination of debilitation and the qualified parent's written consent tosuch commencement, signed by the parent or another on his behalf and at hisdirection as provided in subsection A for the designation.
C. A standby guardian under a designation shall have the authority of aguardian of the person and a guardian of the property of the child, unlessotherwise specified in the designation.
D. A designated standby guardian or alternate shall file a petition forapproval as standby guardian. The petition shall be filed as soon aspracticable after the occurrence of the triggering event but in no eventlater than thirty days after the date of the commencement of his authority.The authority of the standby guardian shall cease upon his failure to sofile, but shall recommence upon such filing. The petition shall beaccompanied by a copy of the designation and any determinations of incapacityor debilitation or a certificate of death.
The provisions of § 16.1-350 C shall apply to a petition filed pursuant tothis section. The court shall enter an order approving the designatedguardian as standby guardian upon finding that:
1. The person was duly designated as standby guardian pursuant to thissection and the designation has not been revoked;
2. A determination of incompetence was made; a determination of debilitationwas made and the parent consented to commencement of the standby guardiansauthority; or the parent has died as evidenced by a death certificate;
3. The best interests of the child will be served by approval of the standbyguardian; and
4. If the petition is by an alternate, that the designated standby guardianis unwilling or unable to serve.
§ 16.1-352. Written designation of a standby guardian by a parent;commencement of authority; court approval required.
A. A parent may execute a written designation of a standby guardian at anytime. 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 oralternate.
The written designation shall be signed by the parent. Another adult may signthe written designation on behalf of the parent if the parent is physicallyunable to do so, provided the designation is signed at the express request ofthe parent and in the presence of the parent. The designated standby guardianor alternate may not sign on behalf of the parent. The signed designationshall be delivered to the standby guardian and any alternate named as soon aspracticable.
B. Following such delivery of the designation, the authority of a standbyguardian to act for a qualified parent shall commence upon the occurrence ofthe specified triggering event and receipt by him of (i) a determination ofincompetence, (ii) a certificate of death of the parent, or (iii) adetermination of debilitation and the qualified parent's written consent tosuch commencement, signed by the parent or another on his behalf and at hisdirection as provided in subsection A for the designation.
C. A standby guardian under a designation shall have the authority of aguardian of the person and a guardian of the property of the child, unlessotherwise specified in the designation.
D. A designated standby guardian or alternate shall file a petition forapproval as standby guardian. The petition shall be filed as soon aspracticable after the occurrence of the triggering event but in no eventlater than thirty days after the date of the commencement of his authority.The authority of the standby guardian shall cease upon his failure to sofile, but shall recommence upon such filing. The petition shall beaccompanied by a copy of the designation and any determinations of incapacityor debilitation or a certificate of death.
The provisions of § 16.1-350 C shall apply to a petition filed pursuant tothis section. The court shall enter an order approving the designatedguardian as standby guardian upon finding that:
1. The person was duly designated as standby guardian pursuant to thissection and the designation has not been revoked;
2. A determination of incompetence was made; a determination of debilitationwas made and the parent consented to commencement of the standby guardiansauthority; or the parent has died as evidenced by a death certificate;
3. The best interests of the child will be served by approval of the standbyguardian; and
4. If the petition is by an alternate, that the designated standby guardianis unwilling or unable to serve.
§ 16.1-352. Written designation of a standby guardian by a parent;commencement of authority; court approval required.
A. A parent may execute a written designation of a standby guardian at anytime. 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 oralternate.
The written designation shall be signed by the parent. Another adult may signthe written designation on behalf of the parent if the parent is physicallyunable to do so, provided the designation is signed at the express request ofthe parent and in the presence of the parent. The designated standby guardianor alternate may not sign on behalf of the parent. The signed designationshall be delivered to the standby guardian and any alternate named as soon aspracticable.
B. Following such delivery of the designation, the authority of a standbyguardian to act for a qualified parent shall commence upon the occurrence ofthe specified triggering event and receipt by him of (i) a determination ofincompetence, (ii) a certificate of death of the parent, or (iii) adetermination of debilitation and the qualified parent's written consent tosuch commencement, signed by the parent or another on his behalf and at hisdirection as provided in subsection A for the designation.
C. A standby guardian under a designation shall have the authority of aguardian of the person and a guardian of the property of the child, unlessotherwise specified in the designation.
D. A designated standby guardian or alternate shall file a petition forapproval as standby guardian. The petition shall be filed as soon aspracticable after the occurrence of the triggering event but in no eventlater than thirty days after the date of the commencement of his authority.The authority of the standby guardian shall cease upon his failure to sofile, but shall recommence upon such filing. The petition shall beaccompanied by a copy of the designation and any determinations of incapacityor debilitation or a certificate of death.
The provisions of § 16.1-350 C shall apply to a petition filed pursuant tothis section. The court shall enter an order approving the designatedguardian as standby guardian upon finding that:
1. The person was duly designated as standby guardian pursuant to thissection and the designation has not been revoked;
2. A determination of incompetence was made; a determination of debilitationwas made and the parent consented to commencement of the standby guardiansauthority; or the parent has died as evidenced by a death certificate;
3. The best interests of the child will be served by approval of the standbyguardian; and
4. If the petition is by an alternate, that the designated standby guardianis unwilling or unable to serve.
