HB 115 — Guardians and conservators; order of appointment and certificate of qualification, annual report.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E17 An Act to amend and reenact §§ 64.2-2002, 64.2-2011, and 64.2-2020 of the Code of Virginia, relating to guardians and conservators;

annualRreport.annual report.

O [H 115] Approved LMarch L8, 2024 Be it enacted by the General Assembly of Virginia:

That §§ 64.2-2002, 64.2-2011, and 64.2-2020 of the Code of Virginia are amended and reenacteEreenacted as follows:

D§ A.64.2-2002.

Who may file petition;

contents.

A.

A petition for the appointment of a guardian, a conservator, or both, shall state the petitioner's name, place of residence, post office address, and relationship, if any, to the respondent and, to the extent known as of the date of filing, shall include the following:

any, to the respondent and, to the 1.

H 2.

The basis for the court's jurisdiction under the provisions of Article 2 (§ 64.2-2105 et 1eq.)seq.) of Cha3.Chapter 21;

3.

The name, place of residence or location, and post office address of any agent designated under a durable power of attorney or an advance directive of which the respondent is the principal, and any guardian, committee, or conservator currently acting, whether in this state or elsewhere, and thenythe petitioner shall attach a copy of any such durable power of attorney, advance directive, or order appointing the guardian, committee, or conservator, if available;

When the petition requests appointment of a guardian, a brief description of the services currently being provided for the respondent's health, care, safety, or rehabilitation and, where appropriate, a recommendation as to living arrangements and treatment plan;

rehabilitation and, where appropriate, a 8.

A statement of the financial resources of the respondent that shall, to the extent known, list the approximate value of the respondent's property and the respondent's anticipated annual gross income, other receipts, and debts, contained in a separate confidential addendum, pursuant to § 64.2-2000.1;

The petitioner shall complete and file with the petition for appointment of a guardian, a conservator, or both, a cover sheet on a form prepared by the Office of the Executive Secretary of the Supreme Court of Virginia.

certificate;§ 64.2-2011.

relianceQualification onof certificate.dianguardian or conservator;

clerk to record order and issue A.certificate;

Areliance guardianon orcertificate. conservator appointed in the court order shall qualify before the clerk upon the of 3 following:

A.

A guardian or conservator appointed in the court order shall qualify before the clerk upon the following:

Subscribing to an oath promising to faithfully perform the duties of the office in accordance with of 3 all provisions of this chapter;

of 3 2.

E 3.

The medical, educational, vocational, social, recreational, and any other professional services and activities provided to the incapacitated person and the guardian's opinion as to the adequacy of the names of the medical providers that have treated the incapacitated personperson's andcare. a description of theecific frequency or number of times the incapacitated person was seen by such providers;

(ii)The information required by this subdivision shall include (i) the dateOandspecific locationof 3 names of the medical providers that have treated the incapacitated person and reasona fordescription anyof hospitalizationthe frequency or number of suchtimes the incapacitated person;person was seen by such providers;

(ii) the date and location of and reason for any hospitalization of such incapacitated person;

A statement of whether the guardian agrees with the current treatment or habilitation plaL;plan;

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 TitlETitle 63.2, to the extent known, and whether there are any other indications of abuse, neglect, or exploitatioDexploitation of such inc6.incapacitated person;

6.

H 9.

Unless the incapacitated person resides with the guardian, a statement of the frequency a1dand 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.

Supreme12. Court of Virginia or the Department for Aging and Rehabilitative Services to understand the condition, treatment, and well-being of the incapacitated person;

Any other information deemed necessary by the Office of the Executive Secretary of the Supreme Court of Virginia or the Department for Aging and Rehabilitative Services to understand the condition, treatment, and well-being of the incapacitated person;

Such penalty shall be collected by the attorney for the Commonwealth or the county or city attorney, and the proceeds shall be C.deposited into the general fund.

C.