Virginia 2020 Regular Session Status: In Committee

HB 862 — Guardianship; communication between close relatives and friends of incapacitated persons.

Last action — Left in Courts of Justice

Track this bill free

No card. One bill, free forever — alerts when it moves.

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

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Guardianship; communication between close relatives andfriends of incapacitated persons; restricted communication procedures;notification of close relatives and friends. Provides that a guardian mayrestrict an incapacitated person's ability to communicate with, visit, orinteract with close relatives, as defined in the bill, and friends, as definedin the bill, only when necessary to prevent a reasonable expectation of seriousphysical or psychological harm or serious financial exploitation occurring tothe incapacitated person. The bill further sets up a procedure by which aperson whose visits, communication with, or interaction with an incapacitatedperson have been restricted may challenge such restriction in court and aprocedure by which a guardian may petition the court to restrict anincapacitated person's communication, visitation, and interaction rights with aclose relative or friend. The bill provides that the court may restrict anincapacitated person's communication, visitation, and interaction rights withsuch person when it finds by clear and convincing evidence that seriousphysical or psychological harm or serious financial exploitation wouldreasonably be expected to occur to such incapacitated person from suchcommunication, visitation, or interaction. The bill allows the court to requirea guardian found to have imposed restrictions or brought such a petition in badfaith or not for the benefit of the incapacitated person to pay or reimburse allor some of the incapacitated person's reasonable costs and fees. The bill alsospecifies that such a finding may be grounds for termination of theguardianship appointment. The bill requires the guardian to notify closerelatives and friends of the incapacitated person of certain life events of theincapacitated person, unless the guardian is notified in writing that any suchclose relative or friend does not wish to be notified or if there existsbetween such close relative or friend and the incapacitated person a protectiveorder or court order otherwise prohibiting contact.

Bill Text

  • Impact statement from DPB (HB862) View text Current html January 07, 2020

Action History

  1. Left in Courts of Justice

  2. Subcommittee failed to recommend reporting (2-Y 5-N)

  3. Assigned Courts sub: Civil

  4. House committee, floor amendments and substitutes offered

  5. Impact statement from DPB (HB862)

  6. Referred to Committee for Courts of Justice

  7. Prefiled and ordered printed; offered 01/08/20 20104790D

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 146 not signed on · 5 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"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

Subcommittee failed to recommend reporting (2-Y 5-N)

Failed 2 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 2502
Total 2502
% of votes cast 22%56%0%22%
How each member voted (9)
Member Party Vote
Bourne, Jeffrey M. — Nay
Charniele L. Herring — Not Voting
Heretick, Steve E. — Yea
James A. "Jay" Leftwich — Not Voting
Marcus B. Simon — Nay
Miyares, Jason S. — Nay
Patrick A. Hope — Nay
Richard C. "Rip" Sullivan, Jr. — Nay
Terry G. Kilgore — Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 862 do?
Guardianship; communication between close relatives andfriends of incapacitated persons; restricted communication procedures;notification of close relatives and friends. Provides that a guardian mayrestrict an incapacitated person's ability to communicate with, visit, orinteract with close relatives, as defined in the bill, and friends, as definedin the bill, only when necessary to prevent a reasonable expectation of seriousphysical or psychological harm or serious financial exploitation occurring tothe incapacitated person. The bill further sets up a procedure by which aperson whose visits, communication with, or interaction with an incapacitatedperson have been restricted may challenge such restriction in court and aprocedure by which a guardian may petition the court to restrict anincapacitated person's communication, visitation, and interaction rights with aclose relative or friend. The bill provides that the court may restrict anincapacitated person's communication, visitation, and interaction rights withsuch person when it finds by clear and convincing evidence that seriousphysical or psychological harm or serious financial exploitation wouldreasonably be expected to occur to such incapacitated person from suchcommunication, visitation, or interaction. The bill allows the court to requirea guardian found to have imposed restrictions or brought such a petition in badfaith or not for the benefit of the incapacitated person to pay or reimburse allor some of the incapacitated person's reasonable costs and fees. The bill alsospecifies that such a finding may be grounds for termination of theguardianship appointment. The bill requires the guardian to notify closerelatives and friends of the incapacitated person of certain life events of theincapacitated person, unless the guardian is notified in writing that any suchclose relative or friend does not wish to be notified or if there existsbetween such close relative or friend and the incapacitated person a protectiveorder or court order otherwise prohibiting contact.
Who sponsors HB 862?
HB 862 is sponsored by Murphy, Kathleen and Levine, Mark H..
What is the current status of HB 862?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 862?
Track HB 862 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 862

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 862

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →