Virginia 2022 Regular Session Status: Enacted

SB 514 — Incapacitated persons; changes to provisions of guardianship and conservatorship.

Last action — Approved by Governor-Chapter 381 (effective 7/1/22)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 12, 2022. Enacted.

Signed by Governor Glenn Youngkin (Republican) on April 11, 2022.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • 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 removed

Plain-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.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E 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.
VIRGINIA ACTS OF ASSEMBLY -- 2022 SESSION CHAPTER 381 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 L L Be it enacted by the General Assembly of Virginia:
[S 514] Approved April 11, 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 reenacteE as follows:
That §§ 64.2-2003, 64.2-2004, and 64.2-2020 of the Code of Virginia are amended and reenacted 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 of the guardian ad litem include (i) personally visiting the respondent;
(iii) recommending that legal counsel be appointed for the respondent, pursuant to § 64.2-2006, if the guardian ad litem believes that counsel for the respondent is necessary;
(ii) advising the respondent of rights pursuant to §§ 64.2-2006 and 64.2-2007 and certifying to the court that the respondent has been so advised;
(iv) notifying the court as soon as practicable if the respondent requests counsel regardless of whether the guardian ad litem recommends counsel;
(iii) recommending that legal counsel be appointed for the respondent, pursuant to § 64.2-2006, if the guardian ad litem believes that counsel for the respondent is nBcessary;
(v) investigating the petition and evidence, requesting additional evaluation if necessary, considering whether a less restrictive alternative to guardianship 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;
(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 conservator is needed based on evaluations and reviews conducted pursuant to subsection B;
In the report required by clause (iv) (v) of subsection B, the guardian ad litem shall address the following major areas of concern:
(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 alternative to guardianship or conservatorship is not advisable, and (c) determination that appointment of a limited guardian or conservator is not appropriate.
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.
The respondent may not waive 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 advance notice required by this subsection.
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 names and post office addresses appear in the petition.
The court, for good cause shown, may waive the advance notice required by this subsection.
of 3 D.
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 Supreme Court of Virginia.
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;
A statement of the frequency and nature of the guardian's visits with and activities on behalf of 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;
A statement of whether the incapacitated person has been an alleged victim in a report 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 iO the7.
A recommendation as to the need for continued guardianship, and any recommended changes in 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;
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 appointment pursuant to § 64.2-2009;
D 9.
9.
Unless the incapacitated person resides with the guardian, a statement of the frequency and 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.
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 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.
If no visit is made within a six-month period, the guardian shall describe any challenges or limitations in completing such visit;
A general description of the activities taken on by the guardian for the benefit of the B incapacitated person during the past year;
11.
1 12.
A general description of the activities taken on by the guardian for the benefit of the incapacitated person during the past year;
12.
and 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.
and 14.
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 or rule to show cause why the guardian has failed to file such annual report.e court may issue a summons
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.
View plain text versions (6)

Action History

  1. Approved by Governor-Chapter 381 (effective 7/1/22)

  2. Governor's Action Deadline 11:59 p.m., April 11, 2022

  3. Enrolled Bill Communicated to Governor on March 22, 2022

  4. Impact statement from DPB (SB514ER)

  5. Signed by Speaker

  6. Signed by President

  7. Enrolled

  8. Title replaced 22107586D-H2

  9. House substitute agreed to by Senate (39-Y 0-N)

  10. Impact statement from DPB (SB514H2)

  11. Passed by for the day

  12. VOTE: Passage (96-Y 0-N)

  13. Passed House with substitute (96-Y 0-N)

  14. Engrossed by House - floor substitute SB514H2

  15. Substitute by Delegate Roem agreed to 22107586D-H2

  16. Committee on Appropriations substitute rejected 22107249D-H1

  17. Read third time

  18. Floor substitute printed 22107586D-H2 (Roem)

  19. Impact statement from DPB (SB514H1)

  20. Read second time

  21. Committee substitute printed 22107249D-H1

  22. Reported from Appropriations with substitute (21-Y 0-N)

  23. Subcommittee recommends reporting with substitute (7-Y 1-N)

  24. House subcommittee amendments and substitutes offered

  25. Assigned App. sub: Health & Human Resources

  26. Referred to Committee on Appropriations

  27. Reported from Courts of Justice (20-Y 0-N)

  28. Subcommittee recommends referring to Committee on Appropriations

  29. Subcommittee recommends reporting (8-Y 0-N)

  30. Assigned Courts sub: Subcommittee #2

  31. Referred to Committee for Courts of Justice

  32. Read first time

  33. Placed on Calendar

  34. Impact statement from DPB (SB514S3)

  35. Read third time and passed Senate (39-Y 0-N)

  36. Passed by for the day

  37. Engrossed by Senate - floor substitute SB514S3

  38. Substitute by Senator McPike agreed to 22106485D-S3

  39. Reading of substitute waived

  40. Committee substitute rejected 22106275D-S2

  41. Committee substitute rejected 22105019D-S1

  42. Read second time

  43. Floor substitute printed 22106485D-S3 (McPike)

  44. Passed by temporarily

  45. Constitutional reading dispensed (38-Y 0-N)

  46. Committee substitute printed 22106275D-S2

  47. Reported from Finance and Appropriations with substitute (16-Y 0-N)

  48. Senate committee, floor amendments and substitutes offered

  49. Impact statement from DPB (SB514S1)

  50. Impact statement from DPB (SB514)

  51. Rereferred to Finance and Appropriations

  52. Committee substitute printed 22105019D-S1

  53. Reported from Judiciary with substitute (15-Y 0-N)

  54. Senate committee, floor amendments and substitutes offered

  55. Referred to Committee on the Judiciary

  56. Prefiled and ordered printed; offered 01/12/22 22104012D

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 145 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (2)

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 39001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Not Voting
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

VOTE: Passage (96-Y 0-N)

Passed 95 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 95004
Total 95004
% of votes cast 96%0%0%4%
How each member voted (99)
Member Party Vote
Greenhalgh, Karen S. — Yea
March, Marie E. — Yea
Adams, Dawn M. — Yea
Adams, Les R. — Yea
Alfonso H. Lopez — Yea
Angelia Williams Graves — Yea
Anne Ferrell Tata — Yea
Avoli, G. "John" — Yea
Batten, Amanda E. — Yea
Bell, Robert B. — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Bourne, Jeffrey M. — Not Voting
Briana D. Sewell — Yea
Bulova, David L. — Yea
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Yea
Campbell, Jeffrey L. — Yea
Campbell, Ronnie R. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Yea
Christopher T. Head — Yea
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
Danica A. Roem — Yea
David A. Reid — Yea
Davis, Glenn R. — Yea
Delores L. McQuinn — Yea
Don Scott — Yea
Edmunds, James E., II — Yea
Elizabeth B. Bennett-Parker — Yea
Emily M. Jordan — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gooditis, Wendy W. — Yea
Guzman, Elizabeth R. — Yea
H. Otto Wachsmann, Jr. — Yea
Hudson, Sally L. — Yea
Irene Shin — Yea
Israel D. O'Quinn — Yea
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Not Voting
Jenkins, Clinton L. — Yea
Jessica L. Anderson — Yea
Joseph P. McNamara — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Keam, Mark L. — Yea
Knight, Barry D. — Yea
Kory, Kaye — Yea
LaRock, Dave A. — Yea
Lamont Bagby — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
McGuire, John J., III — Yea
Michael J. Webert — Yea
Mike A. Cherry — Yea
Mullin, Michael P. — Yea
Mundon King, Candi — Yea
Murphy, Kathleen — Yea
Nadarius E. Clark — Yea
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phillip A. Scott — Not Voting
Plum, Kenneth R. — Yea
R. Lee Ware — Yea
Ransone, Margaret B. — Not Voting
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rodney T. Willett — Yea
Sam Rasoul — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Wyatt — Yea
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Subramanyam, Suhas — Yea
Tara A. Durant — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas C. Wright, Jr. — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wampler, William C., III — Yea
Wendell S. Walker — Yea
Wren M. Williams — Yea

Official roll call →

Passed 21 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 21001
Total 21001
% of votes cast 95%0%0%5%
How each member voted (22)

Official roll call →

Passed 20 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Total 20000
% of votes cast 100%0%0%0%
How each member voted (20)

Official roll call →

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 39001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Not Voting
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 38002
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Not Voting
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Not Voting
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Total 16000
% 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

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% 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

Official roll call →

Subjects

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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?
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