2006 Code of Virginia § 16.1-349 - Definitions

16.1-349. Definitions.

"Attending physician" means the physician who has primary responsibilityfor the treatment and care of a qualified parent.

"Designation" means a writing which (i) is voluntarily executed inconformance with the requirements of 16.1-351 and signed by a parent and(ii) names a person to act as standby guardian.

"Determination of debilitation" means a written determination made by anattending physician that a qualified parent is chronically and substantiallyunable to care for a minor child as a result of a debilitating illness,disease or injury. Such a determination shall include the physician's medicalopinion to a reasonable degree of medical certainty, regarding the nature,cause, extent and probable duration of the parent's debilitating condition.

"Determination of incompetence" means a written determination made by theattending physician that to a reasonable degree of medical certainty aqualified parent is chronically and substantially unable to understand thenature and consequences of decisions concerning the care of a minor child asa result of a mental or organic impairment and is consequently unable to carefor the child. Such a determination shall include the physician's medicalopinion, to a reasonable degree of medical certainty, regarding the nature,cause, extent and probable duration of the parent's incompetence.

"Parent" means a genetic or adoptive parent or parent determined inaccordance with the standards set forth in 20-49.1 or 20-158, andincludes a person, other than a parent, who has physical custody of a childand who has either been awarded custody by a court or claims a right tocustody.

"Qualified parent" means a parent who has been diagnosed, as evidenced inwriting, by a licensed physician to be afflicted with a progressive orchronic condition caused by injury, disease or illness from which, to areasonable degree of medical probability, the patient cannot recover.

"Standby guardian" means a person who, in accordance with this article, isdesignated in writing or approved by the court to temporarily assume theduties of guardian of the person or guardian of the property, or both, of aminor child on behalf of or in conjunction with a qualified parent upon theoccurrence of a triggering event. The term shall be so construed as to enablethe parent to plan for the future care of a child, without terminatingparental or legal rights, and to give the standby guardian the authority toact in a manner consistent with the known wishes of a qualified parentregarding the care, custody and support of the minor child.

"Triggering event" means the event upon the occurrence of which the standbyguardian may be authorized to act. The triggering event shall be specified inthe court order or written designation and shall be the earlier of adetermination of incompetence or the death of the qualified parent. However,in the case of a standby guardian judicially approved pursuant to 16.1-350,the triggering event may also be specified as the qualified parent's writtenconsent to the commencement of the standby guardian's authority. In the caseof a standby guardian designated pursuant to 16.1-351, the triggering eventmay also be specified as (i) a determination of debilitation of the qualifiedparent and (ii) that parent's written consent to the commencement of thedesignated standby guardian's authority.

(1998, c. 829.)