16.1-354 - Revocation, refusal, termination of standby guardianship. - Virginia Statutes

§ 16.1-354. Revocation, refusal, termination of standby guardianship.

A. The authority of a standby guardian approved by the court may be revokedby the qualified parent by his filing a notice of revocation with the court.The notice of revocation shall identify the standby guardian or alternatestandby guardian to which the revocation will apply. A copy of the revocationshall also be delivered to the standby guardian whose authority is revokedand any alternate standby guardian who may then be authorized to act.

At any time following his approval by the court, a standby guardian approvedby the court may decline to serve by filing a written statement of refusalwith the court and having the statement personally served on the qualifiedparent and any alternate standby guardian who may then be authorized to act.

B. When a written designation has been executed, but is not yet effectivebecause the triggering event has not yet occurred, the parent may revoke orthe prospective standby guardian may refuse the designation by notifying theother party in writing.

A written designation may also be revoked by the execution of a subsequentinconsistent designation.

C. When a standby guardian's authority is effective upon debilitation orincompetence of the qualified parent, the standby guardian's authority to acton behalf of the parent continues even though the parent is restored tohealth unless the qualified parent notifies the guardian and, if appropriate,the court, in writing, that the standby guardian's authority is revoked uponsuch restoration or otherwise.

If at any time the court finds that the parent no longer meets the definitionof "qualified parent," the court shall rescind its approval of the standbyguardian.

(1998, c. 829.)