§ 16.1-353

Further proceedings to determine permanent guardianship, custody

A. If the triggering event was death of the qualified parent, within ninety days following the occurrence of the triggering event or, if later, commencement of the standby guardian’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 (§ 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’s written determination of incompetence or debilitation or a verification of death.


1998, c. 829.


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