Virginia 2023 Regular Session

Virginia Senate Bill SB1144

Introduced
1/10/23  
Refer
1/10/23  
Report Pass
1/25/23  
Report Pass
2/1/23  
Engrossed
2/3/23  
Refer
2/7/23  
Report Pass
2/20/23  
Enrolled
3/7/23  
Chaptered
3/22/23  

Caption

Guardian ad litem; appointment, requested information, records, or reports.

Impact

The bill, if enacted, would amend existing Virginia statutes regarding guardianship and conservatorship, ensuring that the rights and welfare of individuals deemed in need of guardianship are protected. It allows guardians ad litem to gather crucial information from various parties, including health care providers and financial institutions, thus enhancing the effectiveness of protective services interventions. The integration of these stipulations signifies a shift towards more thorough evaluations of the circumstances surrounding individuals in such legal situations.

Summary

SB1144 addresses the appointment and responsibilities of a guardian ad litem in guardianship and conservatorship cases. The bill mandates the appointment of a guardian ad litem for any individual who is the subject of a petition for guardianship, ensuring that their interests are represented throughout the proceedings. It establishes clear guidelines for the duties of the guardian ad litem, which include visiting the respondent, advising them of their rights, and investigating the need for guardianship or conservatorship. It also outlines the necessary criteria to evaluate the competence of the appointed guardian based on predefined standards.

Sentiment

Overall, the sentiment surrounding SB1144 appears to be generally positive among legislators and advocacy groups focused on protecting the rights of vulnerable individuals. Supporters emphasize that the bill is a necessary step in reforming guardianship processes to ensure that individuals receive the legal representation they need. However, there is also a recognition of the need for careful implementation of these measures to ensure that autonomy and dignity of individuals are respected.

Contention

Some points of contention center around the balance between providing protection and respecting individual autonomy. There are concerns that the requirements for information disclosure from financial institutions may present privacy issues, although the bill includes provisions designed to safeguard personal information to comply with federal laws. Additionally, some stakeholders worry that the extensive responsibilities placed on the guardian ad litem might lead to inconsistencies in guardianship practice across jurisdictions.

Companion Bills

VA HB2063

Same As Guardian ad litem; appointment, requested information, records, or reports.

Previously Filed As

VA HB2063

Guardian ad litem; appointment, requested information, records, or reports.

VA SB292

Guardianship and conservatorship; report of guardian ad litem.

VA SB302

Guardians; appointment, petitions for guardianship, report.

VA HB623

Guardianship and conservatorship; duties of the guardian ad litem, report contents.

VA HB2383

Guardianship and conservatorship; identifying information and evaluation report.

VA HB1860

Guardianship or conservatorship; primary health care provider of respondent.

VA SB514

Incapacitated persons; changes to provisions of guardianship and conservatorship.

VA HB115

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

VA SB290

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

VA SB2291

Visitors in a guardianship proceeding and appointment of successor guardians.

Similar Bills

CA AB1025

Standby Caretaker Act.

CA SB1279

Guardian ad litem appointment.

NJ S3148

Establishes Office of Professional Corporate Guardians.

NJ A4000

Establishes Office of Professional Corporate Guardians.

TX SB1325

Relating to authorizing counties to establish public guardians to serve as guardians for certain incapacitated persons.

CA SB303

Guardians and conservators: compensation: residence of conservatee.

WV HB2035

Establishing pilot program for Public Guardian Ad Litem Services

CA AB1378

Standby guardianship of minors.