{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/16.1-354.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/16.1-354.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/16.1-354.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/16.1-354.html"}],"law_id":349782,"edition_id":2,"section_id":349782,"structure_id":50090,"section_number":"16.1-354","catch_line":"Revocation, refusal, termination of standby guardianship","history":"1998, c. 829.","full_text":"A\n\nThe authority of a standby guardian approved by the court may be revoked by the qualified parent by his filing a notice of revocation with the court. The notice of revocation shall identify the standby guardian or alternate standby guardian to which the revocation will apply. A copy of the revocation shall also be delivered to the standby guardian whose authority is revoked and any alternate standby guardian who may then be authorized to act.\n\t\t\tAt any time following his approval by the court, a standby guardian approved by the court may decline to serve by filing a written statement of refusal with the court and having the statement personally served on the qualified parent and any alternate standby guardian who may then be authorized to act.\n\nB\n\nWhen a written designation has been executed, but is not yet effective because the triggering event has not yet occurred, the parent may revoke or the prospective standby guardian may refuse the designation by notifying the other party in writing.\n\t\t\tA written designation may also be revoked by the execution of a subsequent inconsistent designation.\n\nC\n\nWhen a standby guardian’s authority is effective upon debilitation or incompetence of the qualified parent, the standby guardian’s authority to act on behalf of the parent continues even though the parent is restored to health unless the qualified parent notifies the guardian and, if appropriate, the court, in writing, that the standby guardian’s authority is revoked upon such restoration or otherwise.\n\t\t\tIf at any time the court finds that the parent no longer meets the definition of “qualified parent,” the court shall rescind its approval of the standby guardian.\n\n","order_by":null,"text":{"0":{"id":1303909,"text":"The authority of a standby guardian approved by the court may be revoked by the qualified parent by his filing a notice of revocation with the court. The notice of revocation shall identify the standby guardian or alternate standby guardian to which the revocation will apply. A copy of the revocation shall also be delivered to the standby guardian whose authority is revoked and any alternate standby guardian who may then be authorized to act.\n\t\t\tAt any time following his approval by the court, a standby guardian approved by the court may decline to serve by filing a written statement of refusal with the court and having the statement personally served on the qualified parent and any alternate standby guardian who may then be authorized to act.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1303910,"text":"When a written designation has been executed, but is not yet effective because the triggering event has not yet occurred, the parent may revoke or the prospective standby guardian may refuse the designation by notifying the other party in writing.\n\t\t\tA written designation may also be revoked by the execution of a subsequent inconsistent designation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1303911,"text":"When a standby guardian’s authority is effective upon debilitation or incompetence of the qualified parent, the standby guardian’s authority to act on behalf of the parent continues even though the parent is restored to health unless the qualified parent notifies the guardian and, if appropriate, the court, in writing, that the standby guardian’s authority is revoked upon such restoration or otherwise.\n\t\t\tIf at any time the court finds that the parent no longer meets the definition of “qualified parent,” the court shall rescind its approval of the standby guardian.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":50090,"edition_id":2,"name":"Standby Guardianship","identifier":"17","label":"article","depth":3,"order_by":19,"parent_id":50069,"metadata":{"child_laws":7,"child_structures":0},"date_created":"2026-08-02 02:21:56","date_modified":"2026-08-02 12:30:08","permalink":{"id":1388373,"object_type":"structure","relational_id":50090,"identifier":"17","token":"16.1\/11\/17","url":"\/16.1\/11\/17\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50069,"edition_id":2,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":12,"parent_id":50057,"metadata":{"child_laws":246,"child_structures":22},"date_created":"2026-08-02 02:21:21","date_modified":"2026-08-02 12:30:00","permalink":{"id":1387947,"object_type":"structure","relational_id":50069,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50057,"edition_id":2,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":48,"parent_id":null,"metadata":{"child_laws":446,"child_structures":47},"date_created":"2026-08-02 02:21:14","date_modified":"2026-08-02 12:29:57","permalink":{"id":1387921,"object_type":"structure","relational_id":50057,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":349777,"structure_id":50090,"section_number":"16.1-349","catch_line":"Definitions","url":"\/16.1-349\/","token":"16.1\/11\/17\/16.1-349","metadata":false},{"id":349778,"structure_id":50090,"section_number":"16.1-350","catch_line":"Petition for court approval of standby guardian","url":"\/16.1-350\/","token":"16.1\/11\/17\/16.1-350","metadata":false},{"id":349779,"structure_id":50090,"section_number":"16.1-351","catch_line":"Court order approving standby guardianship; authority; when effective","url":"\/16.1-351\/","token":"16.1\/11\/17\/16.1-351","metadata":false},{"id":349780,"structure_id":50090,"section_number":"16.1-352","catch_line":"Written designation of a standby guardian by a parent; commencement of authority; court approval required","url":"\/16.1-352\/","token":"16.1\/11\/17\/16.1-352","metadata":false},{"id":349781,"structure_id":50090,"section_number":"16.1-353","catch_line":"Further proceedings to determine permanent guardianship, custody","url":"\/16.1-353\/","token":"16.1\/11\/17\/16.1-353","metadata":false},{"id":349782,"structure_id":50090,"section_number":"16.1-354","catch_line":"Revocation, refusal, termination of standby guardianship","url":"\/16.1-354\/","token":"16.1\/11\/17\/16.1-354","metadata":false},{"id":349783,"structure_id":50090,"section_number":"16.1-355","catch_line":"Review of standby guardianship","url":"\/16.1-355\/","token":"16.1\/11\/17\/16.1-355","metadata":false}],"previous_section":{"id":349781,"structure_id":50090,"section_number":"16.1-353","catch_line":"Further proceedings to determine permanent guardianship, custody","url":"\/16.1-353\/","token":"16.1\/11\/17\/16.1-353","metadata":false},"next_section":{"id":349783,"structure_id":50090,"section_number":"16.1-355","catch_line":"Review of standby guardianship","url":"\/16.1-355\/","token":"16.1\/11\/17\/16.1-355","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-354\/","history_text":"

This law was first created in 1998. The record of its establishment is cataloged in chapter 829<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":1388395,"object_type":"law","relational_id":349782,"identifier":"16.1-354","token":"16.1\/11\/17\/16.1-354","url":"\/16.1-354\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/16.1-354\/","token":"16.1\/11\/17\/16.1-354","dublin_core":{"Title":"Revocation, refusal, termination of standby guardianship","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-354","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The authority of a standby guardian approved by the court<\/span> may be revoked by the qualified parent by his filing a notice of revocation<\/span> with the court<\/span>. The notice of revocation<\/span> shall identify the standby guardian or alternate standby guardian to which the revocation<\/span> will apply. A copy of the revocation<\/span> shall also be delivered to the standby guardian whose authority is revoked and any alternate standby guardian who may then be authorized to act.\n\t\t\tAt any time following his approval by the court<\/span>, a standby guardian approved by the court<\/span> may decline to serve by filing a written statement of refusal with the court<\/span> and having the statement personally served on the qualified parent and any alternate standby guardian who may then be authorized to act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When a written designation has been executed, but is not yet effective because the triggering event has not yet occurred, the parent may revoke or the prospective standby guardian may refuse the designation by notifying the other party<\/span> in writing.\n\t\t\tA written designation may also be revoked by the execution of a subsequent inconsistent designation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When a standby guardian’s authority is effective upon debilitation or incompetence of the qualified parent, the standby guardian’s authority to act on behalf of the parent continues even though the parent is restored to health unless the qualified parent notifies the guardian and, if appropriate, the court<\/span>, in writing, that the standby guardian’s authority is revoked upon such restoration or otherwise.\n\t\t\tIf at any time the court<\/span> finds that the parent no longer meets the definition of “qualified parent,” the court<\/span> shall rescind its approval of the standby guardian. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREVOCATION, REFUSAL, TERMINATION OF STANDBY GUARDIANSHIP (\u00a7 16.1-354)\n\nA. The authority of a standby guardian approved by the court may be revoked by\nthe qualified parent by his filing a notice of revocation with the court. The\nnotice of revocation shall identify the standby guardian or alternate standby\nguardian to which the revocation will apply. A copy of the revocation shall also\nbe delivered to the standby guardian whose authority is revoked and any\nalternate standby guardian who may then be authorized to act.\n\t\t\tAt any time following his approval by the court, a standby guardian approved\nby the court may decline to serve by filing a written statement of refusal with\nthe court and having the statement personally served on the qualified parent and\nany alternate standby guardian who may then be authorized to act.\n\nB. When a written designation has been executed, but is not yet effective\nbecause the triggering event has not yet occurred, the parent may revoke or the\nprospective standby guardian may refuse the designation by notifying the other\nparty in writing.\n\t\t\tA written designation may also be revoked by the execution of a subsequent\ninconsistent designation.\n\nC. When a standby guardian’s authority is effective upon debilitation or\nincompetence of the qualified parent, the standby guardian’s authority to\nact on behalf of the parent continues even though the parent is restored to\nhealth unless the qualified parent notifies the guardian and, if appropriate,\nthe court, in writing, that the standby guardian’s authority is revoked\nupon such restoration or otherwise.\n\t\t\tIf at any time the court finds that the parent no longer meets the definition\nof “qualified parent,” the court shall rescind its approval of the\nstandby guardian.\n\nHISTORY: 1998, c. 829.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}