16.1-351 - Court order approving standby guardianship; authority; when effective. - Virginia Statutes

§ 16.1-351. Court order approving standby guardianship; authority; wheneffective.

Upon consideration of the factors set out in § 20-124.3 and finding that (i)the child's parent is a qualified parent and (ii) appointment of a standbyguardian is in the best interest of the child, the court shall appoint aproper and suitable person as standby guardian and, if requested, a properand suitable person as alternate standby guardian. However, when a petitionis filed by a person other than a parent having custody of the child, thestandby guardian shall be appointed only with the consent of the qualifiedparent unless the court finds that such consent cannot be given for medicalreasons.

The order shall specify the triggering event and shall provide that theauthority of the standby guardian is effective (i) upon receipt by thestandby guardian of a determination of incompetence or a certificate of deathor the earlier of either or (ii) if so requested in the petition, uponreceipt by the standby guardian of a written consent of the qualified parentand filing of the consent with the court. The written consent shall beexecuted after the entry of the court order and signed by the qualifiedparent, or by another in his presence and on his behalf.

As soon as practicable after entry of the order, a copy shall be served onthe standby guardian.

A standby guardian shall have the powers and duties of a guardian of theperson and a guardian of the property of a minor, unless otherwise specifiedin the order.

The standby guardian shall file with the court, as soon as practicable but inno event later than thirty days following a parent's death, determination ofincompetence or consent, a copy of the certificate of death, determination ofincompetence or consent of the qualified parent upon which his authority isbased. Failure to file within the time specified shall be grounds for thecourt to rescind the authority of the standby guardian sua sponte or uponpetition of any person but all acts undertaken by the standby guardian onbehalf of and in the interests of the child shall be valid and enforceable.

(1998, c. 829.)