Incapacitated persons; changes to provisions of guardianship and conservatorship.
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SB 514 — Incapacitated persons; changes to provisions of guardianship and conservatorship.
Last action — Approved by Governor-Chapter 381 (effective 7/1/22)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 12, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 11, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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3 sponsors
1 primary, 2 co-sponsors signed on.
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Cleared a recorded vote
Passed 10 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Guardianship and conservatorship of incapacitated persons. Makes several changes to the provisions of adult guardianships and conservatorships, including (i) requiring a guardian ad litem appointed to represent a respondent to a guardianship proceeding to notify the court as soon as practicable if the respondent requests counsel, regardless of whether the guardian ad litem recommends counsel; (ii) requiring the notice of hearing on a guardianship or conservatorship petition to include notice that any adult individual or entity required to receive a copy of such notice may become a party to the proceeding by filing a pleading with the circuit court in which the case is pending; and (iii) requiring an appointed guardian to include in his annual report to the local department of social services certain additional information.
Bill Text
What changed in the latest version
153 added · 145 removedPlain-language change summary
The amendment to § 64.2-2003 clarifies the duties of a guardian ad litem in guardianship or conservatorship cases. The updated text emphasizes the importance of investigating alternatives to guardianship and incorporating a review of an Individualized Education Plan (IEP) and transition plan for respondents aged 17.5 to 21. This change matters because it ensures that the guardian ad litem considers less restrictive options and the unique educational needs of younger respondents, which can impact the court's decisions regarding their care.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E381 An Act to amend and reenact §§ 64.2-2003, 64.2-2004, and 64.2-2020 of the Code of Virginia, relating to guardianship and conservatorship of incapacitated persons.
R O [S 514] Approved LApril L11, 2022 Be it enacted by the General Assembly of Virginia:
That §§ 64.2-2003, 64.2-2004, and 64.2-2020 of the Code of Virginia are amended and reenacteEreenacted as follows:
D§ A.64.2-2003.
Appointment of guardian ad litem.
A.
B.respondent of rights pursuant to §§ 64.2-2006 and 64.2-2007 and certifying to the court that theing the respondent has been so advised;
Duties(iii) ofrecommending that legal counsel be appointed for the respondent, pursuant to § 64.2-2006, if the guardian ad litem includebelieves (i)that personallycounsel visitingfor the respondent;respondent is necessary;
(ii)(iv) advisingnotifying the respondentcourt ofas rightssoon pursuantas topracticable §§if 64.2-2006the andrespondent 64.2-2007requests andcounsel certifyingregardless toof thewhether court that the respondentguardian hasad beenlitem sorecommends advised;counsel;
(iii)(v) recommendinginvestigating thatthe legalpetition counseland beevidence, appointedrequesting foradditional theevaluation respondent,if pursuantnecessary, considering whether a less restrictive alternative to §guardianship 64.2-2006,or ifconservatorship is available, including the guardianuse adof liteman believesadvance thatdirective, counselsupported fordecision-making theagreement, respondentor isdurable nBcessary;power of attorney, and filing a report pursuant to subsection C;
(iv) notifying the court as soon as practicable if the respondent requests counsel regardless o1 whether additional evaluation if necessary, considering whether a less restrictive alternative to guardEanship or conservatorship is available, including the use of an advance directive, supported decision-making agreement, or durable power of attorney, and filing a report pursuant to subsection C;
In the report required by clause (iv) (v) of subsection B, the guardian ad litem shall address the conservatorfollowing ismajor neededareas basedof onconcern: evaluations and reviews conducted pursuant to subsection B;
(i) whether the court has jurisdiction;
(ii) whether a guardian or conservator is needed based on evaluations and reviews conducted pursuant to subsection B;
The report shall also contain an explanation by the guardian ad litem as to any (a) decision not to recommend the appointment of counsel for the respondent, (b) determination that a less restrictive alternative to guardianship or conservatorship is not advisable, and (c) determination that appointment of a limited guardian or conservator is not appropriate.
The respondent may not waive notB.notice, and a failure to properly notify the respondent shall be jurisdictional.
B.
A copy of the notice, together with a copy of the petition, shall be mailed by first-class mail by the petitioner at least seven 10 days before the hearing to all adult individuals and to all entities whose advancenames noticeand requiredpost byoffice thisaddresses subsection.appear in the petition.
The court, for good cause shown, may waive the advance notice required by this subsection.
of 3 D.
Any adult individual or entity whose name and post office addresses appear in the petition may become a party to the proceeding by filing a pleading in accordance with Rule 1:4 of the Rules of the of 3 Supreme Court of Virginia.
A statement of the frequency and nature of the guardian's visits with and activities on behalf of of 3 the incapacitated person;
5.
4.
A statement of whether the guardian agrees with the current treatment or habilitation plan;
A statement of whether the incapacitated person has been an alleged victim in a report ofn;of abuse, neglect, or exploitation made pursuant to Article 2 (§ 63.2-1603 et seq.) of Chapter 16 of Title 63.2, to the extent known, and whether there are any other indications of abuse, neglect, or exploitation of 3 of such incapacitated person;
abuse, neglect, or exploitation made pursuant to Article 2 (§ 63.2-1603 et seq.) of Chapter 16 of Title 63.2, to the extent known, and whether there are any other indications of abuse, neglect, or exRloitation of such incapacitated person;
A recommendation as to the need for continued guardianship, and any recommended changes iOin the7.the scope of the guardianship, and any other information useful in the opinion of the guardian;
and 7.
A self-assessment by the guardian as to whether he feels he is able to continue to carry out the powers and duties imposed upon him by § 64.2-2019 and as specified in the court's order of E appointment pursuant to § 64.2-2009;
D 9.
Unless the incapacitated person resides with the guardian, a statement of the frequency and nature of any (i) in-person visits from the guardian with the incapacitated person over the course of the previous year and (ii) visits over the course of the previous year from a designee who is directly of the supervised or contracted by the guardian, including the name of the designee performing such visit.
If no visit is made within a six-month period, the guardian shall describe any challenges or lim11.limitations in completing such visit;
A11. general description of the activities taken on by the guardian for the benefit of the B incapacitated person during the past year;
1A 12.general description of the activities taken on by the guardian for the benefit of the incapacitated person during the past year;
12.
and The14. guardian shall certify by signing under oath that the information contained in the annual report is true and correct to the best of his knowledge.
The compensation requested and the reasonable and necessary expenses incurred by the guardian.
The guardian shall certify by signing under oath that the information contained in the annual report is true and correct to the best of his knowledge.
If the local department of social services files notice that the annual report has not been timely filed in accordance with subsection A with the clerk of the circuit court, the court may issue a summons or rule to show cause why the guardian has failed to file such annual report.ereport. court may issue a summons
View plain text versions (6)
- CHAP0381 View text Current pdf April 11, 2022
- SB514ER View text pdf March 11, 2022
- SB514H2 View text pdf March 07, 2022
- Committee Substitute Committee substitute printed 22107249D-H1 pdf March 02, 2022
- SB514S3 View text pdf February 10, 2022
- Committee Substitute Committee substitute printed 22106275D-S2 pdf February 08, 2022
Action History
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Approved by Governor-Chapter 381 (effective 7/1/22)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill Communicated to Governor on March 22, 2022
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Impact statement from DPB (SB514ER)
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Signed by Speaker
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Signed by President
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Enrolled
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Title replaced 22107586D-H2
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House substitute agreed to by Senate (39-Y 0-N)
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Impact statement from DPB (SB514H2)
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Passed by for the day
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VOTE: Passage (96-Y 0-N)
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Passed House with substitute (96-Y 0-N)
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Engrossed by House - floor substitute SB514H2
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Substitute by Delegate Roem agreed to 22107586D-H2
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Committee on Appropriations substitute rejected 22107249D-H1
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Read third time
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Floor substitute printed 22107586D-H2 (Roem)
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Impact statement from DPB (SB514H1)
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Read second time
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Committee substitute printed 22107249D-H1
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Reported from Appropriations with substitute (21-Y 0-N)
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Subcommittee recommends reporting with substitute (7-Y 1-N)
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House subcommittee amendments and substitutes offered
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Assigned App. sub: Health & Human Resources
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Referred to Committee on Appropriations
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Reported from Courts of Justice (20-Y 0-N)
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Subcommittee recommends referring to Committee on Appropriations
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Subcommittee recommends reporting (8-Y 0-N)
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Assigned Courts sub: Subcommittee #2
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Referred to Committee for Courts of Justice
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Read first time
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Placed on Calendar
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Impact statement from DPB (SB514S3)
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Read third time and passed Senate (39-Y 0-N)
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Passed by for the day
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Engrossed by Senate - floor substitute SB514S3
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Substitute by Senator McPike agreed to 22106485D-S3
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Reading of substitute waived
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Committee substitute rejected 22106275D-S2
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Committee substitute rejected 22105019D-S1
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Read second time
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Floor substitute printed 22106485D-S3 (McPike)
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Passed by temporarily
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Constitutional reading dispensed (38-Y 0-N)
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Committee substitute printed 22106275D-S2
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Reported from Finance and Appropriations with substitute (16-Y 0-N)
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Senate committee, floor amendments and substitutes offered
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Impact statement from DPB (SB514S1)
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Impact statement from DPB (SB514)
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Rereferred to Finance and Appropriations
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Committee substitute printed 22105019D-S1
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Reported from Judiciary with substitute (15-Y 0-N)
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Senate committee, floor amendments and substitutes offered
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Referred to Committee on the Judiciary
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Prefiled and ordered printed; offered 01/12/22 22104012D
Sponsors
- Jeremy S. McPike · Primary
- Jennifer L. McClellan · Cosponsor
- T. Montgomery "Monty" Mason · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 145 not signed on · 1 voted No
Sponsors (1)
Co-sponsors (2)
- Jennifer L. McClellan
- Mason, T. Montgomery "Monty"
Not signed on (145)
145 members have not signed on to this bill.
Show all 145 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 95 | 0 | 0 | 4 |
| Total | 95 | 0 | 0 | 4 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 0 | 0 | 1 |
| Total | 21 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Coyner, Carrie E. | — | Yea |
| David A. Reid | — | Yea |
| Davis, Glenn R. | — | Not Voting |
| Delores L. McQuinn | — | Yea |
| Emily M. Jordan | — | Yea |
| Fariss, C. Matthew | — | Yea |
| James W. Morefield | — | Yea |
| Knight, Barry D. | — | Yea |
| Luke E. Torian | — | Yea |
| M. Keith Hodges | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Paul E. Krizek | — | Yea |
| Plum, Kenneth R. | — | Yea |
| Robert S. Bloxom, Jr. | — | Yea |
| Sam Rasoul | — | Yea |
| Scott A. Wyatt | — | Yea |
| Sickles, Mark D. | — | Yea |
| Terry L. Austin | — | Yea |
| Wampler, William C., III | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 1 | 0 | 1 |
| Total | 7 | 1 | 0 | 1 |
| % of votes cast | 78% | 11% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Betsy B. Carr | — | Yea |
| Coyner, Carrie E. | — | Yea |
| Emily M. Jordan | — | Yea |
| Fariss, C. Matthew | — | Nay |
| Knight, Barry D. | — | Yea |
| M. Keith Hodges | — | Yea |
| Sam Rasoul | — | Yea |
| Sickles, Mark D. | — | Yea |
| Wampler, William C., III | — | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 20 | 0 | 0 | 0 |
| Total | 20 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Yea |
| Bell, Robert B. | — | Yea |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Campbell, Ronnie R. | — | Yea |
| Charniele L. Herring | — | Yea |
| Don Scott | — | Yea |
| Freitas, Nicholas J. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Jason S. Ballard | — | Yea |
| Jessica L. Anderson | — | Yea |
| Karrie K. Delaney | — | Yea |
| Keam, Mark L. | — | Yea |
| Marcus B. Simon | — | Yea |
| Patrick A. Hope | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Vivian E. Watts | — | Yea |
| Wren M. Williams | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Bell, Robert B. | — | Not Voting |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Jason S. Ballard | — | Yea |
| Jessica L. Anderson | — | Yea |
| Marcus B. Simon | — | Yea |
| Patrick A. Hope | — | Yea |
| Terry G. Kilgore | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 0 | 0 | 2 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 0 | 0 | 0 |
| Total | 16 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Barker, George L. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Yea |
Subjects
Frequently asked questions
- What does SB 514 do?
- Guardianship and conservatorship of incapacitated persons. Makes several changes to the provisions of adult guardianships and conservatorships, including (i) requiring a guardian ad litem appointed to represent a respondent to a guardianship proceeding to notify the court as soon as practicable if the respondent requests counsel, regardless of whether the guardian ad litem recommends counsel; (ii) requiring the notice of hearing on a guardianship or conservatorship petition to include notice that any adult individual or entity required to receive a copy of such notice may become a party to the proceeding by filing a pleading with the circuit court in which the case is pending; and (iii) requiring an appointed guardian to include in his annual report to the local department of social services certain additional information.
- Who sponsors SB 514?
- SB 514 is sponsored by Jeremy S. McPike, Jennifer L. McClellan, and Mason, T. Montgomery "Monty".
- What is the current status of SB 514?
- This bill has been enacted into law. Introduced January 12, 2022. Enacted.
- Where can I track SB 514?
- Track SB 514 free on One Click Politics — get push/email alerts when it moves.
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