SB 987 — Guardianship and conservatorship; periodic review hearings.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E595 An Act to amend and reenact § 64.2-2009 of the Code of Virginia and to amend the Code of Virginia by reviewadding hearings.a section numbered 64.2-2009.1, relating to guardianship and conservatorship;

numberedperiodic 64.2-2009.1,review relatinghearings. to guardianship and conservatorship;

periodiR O [S 987] L Approved LMarch 26, 2023 Be it enacted by the General Assembly of Virginia:

E 1.

That § 64.2-2009 of the Code of Virginia is amended and reenacted and that the Code of DVirginia Vir§is 64.2-2009.amended by adding a section numbered 64.2-2009.1 as follows:

§ 64.2-2009.

(ii) define the powers and duties of the guardian or conservator so as to permit the incapacitatedwhether personthe toappointment careof fora himselfguardian andor manageconservator propertyis limited to thea extentspecified helength isof capable;time, as thefy court in its discretion may determine;

(iii)(iv) specify whether the appointmentlegal disabilities, if any, of athe guardianperson orin conservatorconnection iswith the finding of incapacity, including but not limited to amental specifiedcompetency lengthfor purposes of time,Article asII, § 1 of the courtConstitution inof itsVirginia discretionor mayTitle determine;24.2;

(iv)(v) specifyinclude theany legallimitations disabilities,deemed ifappropriate any,following consideration of the personfactors specified in connection with the finding of incapacity, including but not limited to mental competency for pBrposes of Article II, § 164.2-2007; of the Constitution of Virginia or Title 24.2;

(v)(vi) includeset anythe limitationsbond d8emedof the guardian and the bond and surety, if any, of the conservator;

and (vii) where a petition is broEghtbrought prior to the incapacitated person's eighteenth birthday, pursuant to subsection C of § 64.2-2001, whether the order shall take effect immediately upon entry or on the incapacitated person's eighteenth birthday.

Any such determination to waive the hearing or use a schedule differing from that prescribed in this subsection shall be supported in the order and address the reason for such determination, including (i) the likelihood that the respondent's condition will improve or the respondent will regain capacity, (ii) whether concerns or questions were raised about the suitability of the person appointed as a guardian or conservator at the time of the initial appointment, and (iii) whether the appointment of a guardian or conservator or the appointment of the specifically appointed guardian or conservator was contested by the respondent or another party.

an assisted living facility, member.as defined in § 63.2-100, or any other similar institution;

or a health care provider other than a family member.

adA2. litem, who shall conduct an investigation in accordance with the stated purpose of the hearing andan file a report.

If the court has ordered a hearing pursuant to subsection A1, the court shall appoint a guardian ad litem, who shall conduct an investigation in accordance with the stated purpose of the hearing and file a report.

The court may appoint a limited guardian for an incapacitated person who is capable of addressing some of the essential requirements for his care for the limited purpose of medical decision making, decisions about place of residency, or other specific decisions regarding his personal affairs.

The court may appoint a limited conservator for an incapacitated person who is capable of managing of 2 some of his property and financial affairs for limited purposes that are specified in the order.

Unless the guardian has a professional relationship with the incapacitated person or is employed of 2 by or affiliated with a facility where the person resides, the court's order may authorize the guardian to consent to the admission of the person to a facility pursuant to § 37.2-805.1, upon finding by clear and convincing evidence that (i) the person has severe and persistent mental illness that significantly impairs the person's capacity to exercise judgment or self-control, as confirmed by the evaluation of a licensed psychiatrist;