The disAbility Law Center of Virginia is following and speaking to bills in the legislature concerning the rights of people who are under guardianship throughout the session. Here are some of special interest:
SB 290 (Roem)
Committee Assignment: Senate Courts of Justice
Requires a petitioner to file with a petition for the appointment of a guardian, conservator, or both, a cover sheet on a form prepared by the Office of the Executive Secretary of the Supreme Court of Virginia. The bill also requires a guardian to file an initial annual report reflecting the first four months of guardianship since qualification within six months of the date of qualification and to file the second and each subsequent annual report for each succeeding 12-month period within four months from the last day of the last 12-month period covered by the previous annual report. This Bill is identical to HB 115.
SB 292 (Roem)
Committee Assignment: Senate Courts of Justice
Provides that when considering the suitability and propriety of a prospective guardian or conservator, a guardian ad litem shall consider the prospective guardian’s or conservator’s work as a professional guardian, including whether the person does so on a full-time basis, the prospective guardian’s or conservator’s expected capacity as a guardian, and whether the prospective guardian or conservator is named as a perpetrator in any substantiated adult protective services complaint involving the respondent.
SB 293 (Roem)
Committee Assignment: Senate Courts of Justice
Defines and prohibits “conflicts of interest” and “self-dealing” in the context of guardianships and conservatorships. The Bill also provides that any sale or transaction that constitutes self-dealing shall be voidable by the court.
HB 115 (Sullivan)
Committee Assignment: House Courts of Justice
Requires a petitioner to file with a petition for the appointment of a guardian, conservator, or both, a cover sheet on a form prepared by the Office of the Executive Secretary of the Supreme Court of Virginia. The bill also requires a guardian to file an initial annual report reflecting the first four months of guardianship since qualification within six months of the date of qualification and to file the second and each subsequent annual report for each succeeding 12-month period within four months from the last day of the last 12-month period covered by the previous annual report. This Bill is identical to SB 290.
HB 786 (Hope)
Committee Assignment: House Courts of Justice
Allows a person subject to a guardianship or conservatorship who is not represented by counsel to initiate the process to be restored to capacity or have such guardianship or conservatorship modified or terminated by informal communication to the court by any means, including by informal letter, telephone call, email, or in-person visit, instead of the petition requirement specified under current law.
Our mission is to advance independence, choice, and self-determination; protect legal, human, and civil rights; and eliminate abuse, neglect, and discrimination of people with disabilities through zealous and uncompromising legal advocacy and representation.
We are available to educate policymakers about the potential impact of legislative proposals. Please let us know of any issues that you think we should be following. Contact us at ga@dlcv.org or info@dlcv.org or by calling 1-800-552-3962 or 1-804-225-2042.