Virginia Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   The Virginia instrument is the Power of Attorney to Delegate Parental or Legal Custodial Powers, Va. Code sections 20-166 and 20-167. The parent or legal custodian signs it, along with every other person who has decision-making authority over the child, and the person receiving the powers signs the acceptance. Section 20-167(A) contains a statutory form; a form is legally sufficient if its wording complies substantially with it, the form is properly completed, and the signatures are acknowledged or verified before a notary public, so no separate numbered court or agency form is required.

2. 2

   The term may not exceed 180 days, and the form asks for a beginning date and an ending date. A service member on active duty longer than 180 days may use the period of active duty plus 30 days. If the delegation lasts longer than 180 days, a new power of attorney must be executed. There is no automatic renewal.

3. 3

   Signatures must be acknowledged or verified before a notary public. Where both parents exercise joint custody, both must sign. A licensed child-placing agency that signs in place of the delegate must notify the local department of social services within 7 days.

4. 4

   The powers may be any of the powers regarding the custody, care and property of the child. The form lists school enrollment, education records, attending school activities, and giving or withholding consent for school activities and for medical and dental treatment, and it lets the parent list specific powers instead. The power cannot include consent to marriage or adoption, an abortion on or for the child, or termination of a parent's rights. It is invalid if made primarily to enroll the child in a school solely for academic or interscholastic athletics programs.

5. 5

   This is not a court guardianship. Custody and parental rights are unchanged, and the delegation does not change rights under an existing court order. The person receiving the powers acknowledges any existing custody, visitation or support order and agrees to honor it. Any person who signed may revoke at any time unless that authority is superseded by a court order. This page does not promise that any school or medical provider must accept the document; for a child living with an adult relative in temporary kinship care, a school division may require notarized affidavits plus a power of attorney authorizing educational decisions (Va. Code 22.1-3(A)(4)).

6. 6

   The statute allows delegation to 'another person' with no stated relative requirement, minimum age or residency. The person must exercise the authority on a continuous basis for not less than 24 hours and without compensation, and must comply with any background check requirements that apply. The child is not deemed to be in foster care.

7. 7

   If this document does not fit your situation, or a longer or court-backed arrangement is needed, Virginia courts have options: until a guardian has given bond, or while there is no guardian, a circuit court or clerk may appoint a temporary guardian of a minor under Va. Code 64.2-1706, and the juvenile and domestic relations district court hears custody and visitation petitions under 16.1-241(A)(3). A guardianship sought over a parent's objection is a contested case. DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the Virginia child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

Virginia Requirements for Temporary Guardianship Agreement

• Statutory Power of Attorney

  A parent or legal custodian may delegate to another person any of the powers regarding the custody, care and property of the child by a properly executed power of attorney (Va. Code 20-166(A), 20-167).

• 180-Day Term

  The delegation may not exceed 180 days, and the form requires beginning and ending dates. A service member on active duty longer than 180 days may use the period of active duty plus 30 days. A new power of attorney is required if the delegation lasts longer than 180 days (Va. Code 20-166(A), (C), (E); 20-167(A)).

• Notarized Signatures

  Signatures must be acknowledged or verified before a notary public, and the wording must comply substantially with the statutory form (Va. Code 20-167(B)).

• All Decision-Makers Sign

  The power of attorney is signed by all persons with authority to make decisions concerning the child under ch. 6.1 and by the person receiving the powers. Where both parents exercise joint custody, both must execute it (Va. Code 20-166(A), (B)).

• Caregiver Acceptance

  The person receiving the powers signs the acceptance, acknowledges notice of any existing custody, visitation or support order and agrees to honor it (Va. Code 20-166(A); 20-167(A)).

• Powers Granted

  The form lists school enrollment, education records, attending school activities, and consent or waiver for school activities, medical and dental treatment and other activities, or the parent may list specific powers (Va. Code 20-167(A)).

• Powers That Cannot Be Delegated

  The delegation does not include consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or termination of a parent's rights (Va. Code 20-166(A)).

• Revocation by Any Signer

  Any person who signed the form may revoke or withdraw the power of attorney at any time unless that authority is superseded by a court order (Va. Code 20-166(C)).

• Lawful Purpose Statement

  The form certifies that the power of attorney is not for an unlawful purpose or for the primary purpose of enrolling the child in a school solely for academic or interscholastic athletics programs (Va. Code 20-166(H)).