8.17 Standby Guardianship

• Library: Virginia Family Law: A Systematic Approach (Virginia CLE) (2018 Ed.)

8.17 STANDBY GUARDIANSHIP

8.1701 In General. A standby guardianship is a special remedy that allows a parent who expects to become unable to care for a child due to disability or death to designate an individual to serve as the child's guardian immediately upon the disability or death of the parent but to retain parental status and authority until that time. Proponents of standby guardianship point to significant disadvantages associated with more traditional methods of ensuring a child's future care such as nominating a caretaker for the child in a will, adoption, and formal appointment of a guardian or conservator by the circuit court. Giving legal effect to the designation of a child's caretaker in a will may take months, leaving the caretaker temporarily without the legal authority to obtain schooling, medical treatment, or other benefits for the child. Moreover, nominating a caretaker in a will provides no remedy during the period when the parent is struggling through difficult phases of a disabling condition and is unable to fulfill parental responsibilities. Unlike adoption or the appointment of a guardian or conservator, a standby guardianship does not require the relinquishment or termination of the parent's rights and authority until a "triggering event" occurs, such as the parent's debilitation or death. ²⁰⁶

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8.1702 Juvenile Court Jurisdiction. Jurisdiction to approve a standby guardianship for a minor child may be exercised by the juvenile and domestic relations district court for the jurisdiction where...