HB 2437 — Court-appointed guardians; training, powers & duties, annual report to local dept. of social serv.

SESSION INTRODUCEDHOUSE 23104921DSUBSTITUTE I23105934D HOUSEAMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Health, Welfare and Institutions on February 2, 2023) (Patron Prior to Substitute––Delegate Roem) A BILL NO.to amend and reenact §§ 51.5-150, 64.2-2019, and 64.2-2020 of the Code of Virginia, relating to Department for Aging and Rehabilitative Services;

2437 Offered January 19, 2023 N A BILL to amend and reenact §§ 51.5-150, 64.2-2019, and 64.2-2020 of the Code of Virginia, relaTing annual reports by guardians;

information required.s;

powers and duties of guardianRguardian; –––––––––– Patron––Roem O –––––––––– D Referred to Committee on Health, Welfare and Institutions –––––––––– U Be it enacted by the General Assembly of Virginia:

Cannual 1.reports by guardians;

Thatinformation §§required. 51.5-150, 64.2-2019, and 64.2-2020 of the Code of Virginia are amended and reenacted as § 51.5-150.

Powers1. and duties of the Department with respect to public guardian and E conservator program.

DThat A.§§ 51.5-150, 64.2-2019, and 64.2-2020 of the Code of Virginia are amended and reenacted as follows:

The§ Department51.5-150. shall fund from appropriations received for such purpose a statewide system of local or regional public guardian and conservator programs.

B.Powers and duties of the Department with respect to the public guardian and conservator program and other guardians appointed pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2.

H A.

The Department shall fund from appropriations received for such purpose a statewide systeO of locB.

conservatorsS operating2. as local or regional Virginia public guardian and conservator programs in those cases in which a court, pursuant to §§ 64.2-2010 and 64.2-2015, determines that a person is eligible to have a public guardian or conservator appointed;

4Contract 3.with local or regional public or private entities to provide services as guardians and conservators operating as local or regional Virginia public guardian and conservator programs iE those have a public guardian or conservator appointed;

Adoptand reasonable64.2-2015, regulationsdetermines inthat accordancea withperson theis Administrativeeligible Process Act (§ 2.2-4007 et seq.) as appropriate to implement,3. administer, and manage the state and local or regional programs authorized by this article, including, but not limited to, the adoption of:

Adopt reasonable regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) as appropriate to implement, administer, and manage the state and local or regional progrSms authorized by this article, including, but not limited to, the adoption of:

B whenever a local or regional program falls below or exceeds the ideal range of staff-to-client ratios,owed which shall include, but not be limited to, procedures to ensure that services shall continue to be available to those in need and that appropriate notice is given to the courts;

I :

Procedures governing disqualification of any program falling below or exceeding the ideal range of 36 staff-to-client ratios, which shall include a process for evaluating any program that has exceededexceeTed the / 3738 ratiothe toprogram assessand upon the effectsincapacitated fallingpersons belowserved orby exceeding the idealprogram.e range of ratios has, had, or isiU having upon 38/ the39 programThe regulations shall require that evaluations occur no less frequently than every six months and upon40 shall continue until the incapacitatedstaff-to-client personsratio servedreturns byto within the program.ideal range;

shalland continueT untild. the staff-to-client ratio returns to within the ideal range;

and six months and d.

E (1) Focus on the preferences and needs of the individual receiving public guardianship services;

4.Virginia public guardian and conservator programs from any other guardian or conservator programgional operated by the entity with whom the Department contracts, specifically addressing the need for separation in programs that may be fee-generating;

Establish5. procedures and administrative guidelines to ensure the separation of local or regional Virginia public guardian and conservator programs from any other guardian or conservator program operated by the entity with whom the Department contracts, specifically addressing the need for sep5.

Establish recordkeeping and accounting procedures to ensure that each local or regional programpHogram (i) maintains confidential, accurate, and up-to-date records of the personal and property mattersmatte2s over which it has control for each incapacitated person for whom it is appointed guardian or conservatorconserv3tor and (ii)(ii6. files with the Department an account of all public and private funds received;

6.

Establish criteria to be used by the local and regional programs in setting priorities with regard to ser8.services to be provided;

Take8. such other actions as are necessary to ensure coordinated services and a reasonable review of HB2437 2 of 4 all local and regional programs;

9.Take such other actions as are necessary to ensure coordinated services and a reasonable review of all local and regional programs;

HB2437H1 2 of 4 9.

In accordance with the Public Procurement Act (§ 2.2-4300 et seq.) and recommendations of the Public Guardian and Conservator Advisory Board, the Department may contract with a not-for-profit private entity that does not provide services to incapacitated persons as guardian or conservator to administer the public guardian and conservator program, and, if it does, the term "Department" when used in this article shall refer to the contract administrator.

The Department shall develop and provide training for guardians pursuant to Chapter§ 2064.2-2019, (§ 64.2-2000 et seq.) of Title 64.2, which shall include training on the responsibilities and duties of guardians, how to complete annual guardianship reports, how to involve and encourage participation of incapacitated adults in decisions made by such guardians, medical advocacy, and decision-making on behalf of other persons.

A guardian shall not unreasonably restrict an incapacitated person's ability to communicate with, visit, or interact with other persons with whom of 4 the incapacitated person has an established relationship.

A guardian and any staff employed or contracted by such guardian to perform guardianshipIguardianship dutiesof on4 behalfRehabilitative ofServices thepursuant guardianto shallsubsection completeE theof training§ developed51.5-150 bywithin thefour Departmentmonths forof AgNngthe anddate of entry of the initial order of appointment pursuant to § 64.2-2009, unless such training was completed within the past 36 months in conjunction with another guardianship appointment made pursuant to T § 64.2-2009.

No guardian shall be required to complete such training more frequently than once Rveryevery 36 months.

A guardian shall have authority to make arrangements for the funeral and disposition of remains, including cremation, interment, entombment, memorialization, inurnment, or scattering of the crDmains, or some combination thereof, if the guardian is not aware of any person that has been otherwiseotherwiseemains, makedesignated arrangements for the funeral and disposition of remains after the death of an incapacitated person if, after the guardian has made a good faith effort to locate the next of kin of the incapacitated person to determine if the next of kin wishes to make such arrangements, the next of kin does not wish toEmake the arrangements oras theset nextforth ofin kin§ cannot54.1-2825. be located.

GoodA guardian shall have authority to make arrangements for the funeral and disposition of remains after the death of an incapacitated person if, after the guardian has made a good faith effort shallto includelocate contactingthe next of kin of the incapacitated person to determine if the next of kin wishes to make such arrangements, the next of kin does not wish to make of kin identified in the petition for appointment of a guardian.

The funeral service licensee, funeralfuneralnext service establishment, registered crematory, cemetery, cemetery operator, or guardian shall be immune from civil liability for any act, decision, or omission resulting from acceptance of any dead body for decisions,burial, cremation, or omissionsother resulteddisposition fromwhen badthe faithprovisions orof maliciousthis intent.sectionsection are met, unless such acts, §decisions, 64.2-2020.or omissions resulted from bad faith or malicious intent.

AnnualO reportsA. by guardians.

A.A guardian shall file an annual report in compliance with the filing deadlines in § 64.2-U305 with the local department of social services for the jurisdiction where the incapacitated person then resides.