Wills Trusts And Fiduciaries
Virginia 2023 Regular Session
Guardian ad litem; appointment, requested information, records, or reports. [HB-2063]
[Children and Youth ]
[Human Services ]
[Law Enforcement ]
[Public Safety ]
[Senior Citizens ]
[Healthcare ]
[Criminal Justice ]
Appointment of guardian ad litem; requested information, records, or reports from individual or entity. Requires any individual or entity with information, records, or reports relevant to a guardianship or conservatorship proceeding, including any (i) health care provider, local school division, or local department of social services; (ii) criminal justice agency, unless such disclosure would impede an ongoing criminal investigation or proceeding; and (iii) financial institution, investment advisor, or other financial services provider, to provide,
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Sponsored by: Rep. Jackie Glass
Governor: Acts Of Assembly Chapter Text (chap0260) on 03/22/2023
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Gettr Virginia 2023 Regular Session
DARS; training, powers, and duties of guardian. [SB-1140]
[Senior Citizens ]
[Human Services ]
[Law Enforcement ]
[Public Safety ]
[Disabilities ]
Department for Aging and Rehabilitative Services; training; powers and duties of guardian; annual reports by guardians; information required. Directs the Department for Aging and Rehabilitative Services to develop and provide training for court-appointed guardians by July 1, 2024. The bill requires an appointed guardian, except a guardian who is licensed to practice law in the Commonwealth, and any staff employed by such guardian to perform guardianship duties to complete the initial training developed by the Department within four months of the
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Sponsored by: Sen. Jeremy McPike
Tabled In Appropriations (11-y 9-n) on 02/20/2023
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Virginia 2023 Regular Session
Guardianship; procedures for restriction of communication, visitation, or interaction. [HB-2027]
[Family-Related Legislation ]
[Senior Citizens ]
[Human Services ]
[Disabilities ]
[Mental Health ]
[Healthcare ]
Guardianship; procedures for restriction of communication, visitation, or interaction. Provides that a guardian shall not restrict an incapacitated person's ability to communicate with, visit, or interact with other persons with whom the incapacitated person has an established relationship, unless such restriction is reasonable to prevent physical, mental, or emotional harm to or financial exploitation of such incapacitated person. Under current law, guardians are directed to not unreasonably restrict any such communication, visitation, or interaction.
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Sponsored by: Sen. Danica Roem
Governor: Acts Of Assembly Chapter Text (chap0460) on 03/24/2023
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Virginia 2023 Regular Session
Guardianship; duties of guardian, visitation requirements. [HB-2028]
[Family-Related Legislation ]
[Senior Citizens ]
[Disabilities ]
[Human Services ]
Guardianship; duties of guardian; visitation requirements. Requires a guardian to visit an incapacitated person at least three times per year and at least once every 120 days. The bill requires that at least two of the visits be conducted by the guardian and directs that at least one of such visits be in-person. The bill allows the second visit by the guardian to be conducted by the guardian via virtual conference or video call. The bill allows the remaining visit to be conducted (i) by the guardian; (ii) by a person other than the guardian, including
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Sponsored by: Sen. Danica Roem
Governor: Acts Of Assembly Chapter Text (chap0540) on 03/26/2023
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Virginia 2023 Regular Session
Guardian ad litem; appointment, requested information, records, or reports. [SB-1144]
[Children and Youth ]
[Human Services ]
[Law Enforcement ]
[Public Safety ]
[Senior Citizens ]
[Healthcare ]
[Criminal Justice ]
Appointment of guardian ad litem; requested information, records, or reports from individual or entity. Requires any individual or entity with information, records, or reports relevant to a guardianship or conservatorship proceeding, including any (i) health care provider, local school division, or local department of social services; (ii) criminal justice agency, unless such disclosure would impede an ongoing criminal investigation or proceeding; and (iii) financial institution, investment advisor, or other financial services provider, to provide,
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Sponsored by: Sen. Jeremy McPike
Governor: Acts Of Assembly Chapter Text (chap0261) on 03/22/2023
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Virginia 2023 Regular Session
Guardianship or conservatorship; primary health care provider of respondent. [HB-1860]
[Healthcare ]
[Senior Citizens ]
[Disabilities ]
[Public Health ]
[Mental Health ]
[Children and Youth ]
[Human Services ]
Guardianship or conservatorship; primary health care provider of respondent. Requires the name, location, and post office address of a respondent's primary health care provider, if any, to be included in the petition for guardianship or conservatorship. Under current law, a copy of the notice of a hearing to appoint a guardian or conservator, together with a copy of the accompanying appointment petition, must be mailed by the petitioner before such hearing to all individuals and to all entities whose names and post office addresses appear in the
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Sponsored by: Rep. Robert Bell
Governor: Acts Of Assembly Chapter Text (chap0176) on 03/22/2023
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Virginia 2023 Regular Session
Guardianship and conservatorship; periodic review hearings. [SB-987]
[Senior Citizens ]
[Disabilities ]
[Healthcare ]
[Law Enforcement ]
[Human Services ]
[Public Safety ]
[Mental Health ]
Guardianship and conservatorship; periodic review hearings. Requires the court to set up a schedule for periodic review hearings in the order of appointment of a guardian or conservator, unless the court makes a determination that such hearings are unnecessary or impracticable. The bill further provides that any periodic review hearing shall include the following assessments by the court: (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
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Sponsored by: Sen. Taylor Mason
Governor: Acts Of Assembly Chapter Text (chap0595) on 03/26/2023
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Virginia 2023 Regular Session
Virginia Small Estate Act; funeral expenses and disposition, refusal to pay or deliver small asset. [SB-870]
[Consumer Protection ]
[Law Enforcement ]
[Public Safety ]
[Senior Citizens ]
[Human Services ]
Virginia Small Estate Act; payment or delivery of small asset; disposition and funeral expenses. Requires any person having possession of a small asset belonging to a decedent, upon presentation of an affidavit by the funeral service establishment handling the disposition of the decedent and any related funeral service, to pay or deliver to such funeral service establishment so much of the small asset as does not exceed the amount given priority and has not already been paid. Under current law, such payment is discretionary and made to the undertaker
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Sponsored by: Sen. John Cosgrove
Governor: Acts Of Assembly Chapter Text (chap0414) on 03/23/2023
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Virginia 2022 Regular Session
Misuse of power of attorney; financial exploitation of incapacitated adults, penalty. [SB-690]
[Crime ]
[Senior Citizens ]
[Consumer Protection ]
[Criminal Justice ]
[Public Safety ]
Misuse of power of attorney; financial exploitation; incapacitated adults; penalty. Makes it a Class 1 misdemeanor for any person granted authority to act for a principal under a power of attorney to knowingly or intentionally engage in financial exploitation of an incapacitated adult. The bill also provides that the power of attorney terminates upon such conviction. This bill is a recommendation of the Virginia Criminal Justice Conference.
Sponsored by: Sen. Taylor Mason
Incorporated By Judiciary on 01/26/2022
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Virginia 2022 Regular Session
Guardianship; procedures for restriction of communication, visitation, or interaction. [HB-1260]
[Family-Related Legislation ]
[Senior Citizens ]
[Human Services ]
[Disabilities ]
[Mental Health ]
Guardianship; procedures for restriction of communication, visitation, or interaction. Provides that a guardian shall not restrict an incapacitated person's ability to communicate with, visit, or interact with other persons with whom the incapacitated person has an established relationship, unless such restriction is reasonable to prevent physical, mental, or emotional harm to or financial exploitation of such incapacitated person. Under current law, guardians are directed to not unreasonably restrict any such communication, visitation, or interaction.
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Sponsored by: Sen. Danica Roem
Left In Appropriations on 02/15/2022
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Virginia 2022 Regular Session
DARS; training, powers, and duties of guardian. [HB-1207]
[Senior Citizens ]
[Human Services ]
[Disabilities ]
[Children and Youth ]
Department for Aging and Rehabilitative Services; training; powers and duties of guardian; annual reports by guardians; information required. Directs the Department for Aging and Rehabilitative Services to develop and provide training for court-appointed guardians. The bill requires an appointed guardian and any staff employed by such guardian to perform guardianship duties to complete the initial training developed by the Department within four months of the date of the initial court order of appointment and to include certain additional information
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Sponsored by: Sen. Danica Roem
Left In Appropriations on 02/15/2022
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Virginia 2022 Regular Session
Guardianship and conservatorship; notice of hearing, cross-petitions. [HB-1212]
[Senior Citizens ]
[Disabilities ]
[Children and Youth ]
[Law Enforcement ]
[Public Safety ]
Guardianship and conservatorship; notice of hearing. Requires the notice of hearing for a guardianship or conservatorship petition to include a notice that any adult individual or entity whose name and post office address appears in the initial petition for appointment may become a party to the action by filing a pleading with the circuit court in which the guardianship or conservatorship proceeding is pending. Guardianship and conservatorship; notice of hearing. Requires the notice of hearing for a guardianship or conservatorship petition to include
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Sponsored by: Rep. Michelle Lopes-Maldonado
Governor: Acts Of Assembly Chapter Text (chap0278) on 04/08/2022
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Virginia 2022 Regular Session
Will contest; presumption of undue influence. [SB-554]
[Law Enforcement ]
Will contest; presumption of undue influence. Provides that in any case contesting the validity of a decedent's will where a presumption of undue influence arises, the finder of fact shall presume that undue influence was exerted over the decedent unless, based on all the evidence introduced at trial, the finder of fact finds that the decedent did intend it to be his will. Will contest; presumption of undue influence. Provides that in any case contesting the validity of a decedent's will where a presumption of undue influence arises, the finder
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Sponsored by: Sen. Mark Obenshain
Governor: Acts Of Assembly Chapter Text (chap0265) on 04/08/2022
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Virginia 2022 Regular Session
Incapacitated persons; changes to provisions of guardianship and conservatorship. [SB-514]
[Senior Citizens ]
[Disabilities ]
[Human Services ]
[Law Enforcement ]
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
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Sponsored by: Sen. Jennifer McClellan
Governor: Acts Of Assembly Chapter Text (chap0381) on 04/11/2022
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Virginia 2022 Regular Session
Transfer on death deed; conveyance of cooperative interest. [HB-887]
[Real Estate ]
Transfer on death deed; conveyance of cooperative interest. Provides that a conveyance of a cooperative interest is included in the meaning of a transfer on death deed. Transfer on death deed; conveyance of cooperative interest. Provides that a conveyance of a cooperative interest is included in the meaning of a transfer on death deed.
Sponsored by: Rep. Anne Ferrell Tata
Governor: Acts Of Assembly Chapter Text (chap0309) on 04/11/2022
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Virginia 2022 Regular Session
Notice of probate; exception to notice. [HB-1066]
[Law Enforcement ]
Notice of probate; exception to notice. Removes the exception to the notice of probate under current law that allows such notice to not be given when assets passing under a will or in intestacy do not exceed $5,000. Notice of probate; exception to notice. Removes the exception to the notice of probate under current law that allows such notice to not be given when assets passing under a will or in intestacy do not exceed $5,000.
Sponsored by: Rep. James Leftwich
Governor: Acts Of Assembly Chapter Text (chap0777) on 04/27/2022
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Virginia 2022 Regular Session
Virginia Small Estate Act; funeral expenses of decedent. [HB-836]
[Consumer Protection ]
[Finance ]
[Law Enforcement ]
[Public Safety ]
Virginia Small Estate Act; funeral expenses of decedent. Provides that any person holding the small estate of a decedent shall pay the funeral director or funeral service establishment handling the funeral of the decedent at the request of a successor of such an estate. Under current law, such payment is discretionary and made to the undertaker or mortuary.
Sponsored by: Rep. Tony Wilt
Subcommittee Recommends Striking From Docket (8-y 0-n) on 02/10/2022
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Virginia 2022 Regular Session
Guardianship and conservatorship; duties of the guardian ad litem, report contents. [HB-623]
[Family-Related Legislation ]
[Law Enforcement ]
[Senior Citizens ]
[Disabilities ]
[Children and Youth ]
Guardianship and conservatorship; duties of the guardian ad litem; report contents. Adds to the duty of a guardian ad litem appointed to represent the interests of a respondent in a guardianship or conservatorship case the requirement to notify the court as soon as practicable if the respondent requests counsel regardless of whether the guardian ad litem recommends counsel. The bill further directs the guardian ad litem to include in his report to the court an explanation by the guardian ad litem as to any (i) decision not to recommend the appointment
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Sponsored by: Rep. Sally Hudson
Governor: Acts Of Assembly Chapter Text (chap0243) on 04/08/2022
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Virginia 2022 Regular Session
Guardianship and conservatorship; periodic review hearings. [HB-643]
[Senior Citizens ]
[Disabilities ]
[Human Services ]
[Law Enforcement ]
[Public Safety ]
Guardianship and conservatorship; periodic review hearings. Requires a schedule for periodic review hearings in the order of appointment of a guardian or conservator to be set by a court, unless the court makes a determination that such hearings are unnecessary or impracticable. The bill allows any person to petition the court to hold a review hearing earlier than the scheduled date. The bill further provides that any periodic review hearing shall include the following assessments by the court: (i) whether the guardian or conservator is fulfilling
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Sponsored by: Sen. Danica Roem
Left In Appropriations on 02/15/2022
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Virginia 2022 Regular Session
Guardianship; duties of guardian, visitation requirements. [HB-424]
[Family-Related Legislation ]
[Healthcare ]
[Human Services ]
[Senior Citizens ]
[Disabilities ]
Guardianship; duties of guardian; visitation requirements. Requires a guardian to visit an incapacitated person at least once every three months and make certain observations and assessments during each visit.
Sponsored by: Rep. Charniele Herring
Stricken From Docket By Courts Of Justice (20-y 0-n) on 02/07/2022