Virginia 2024 Regular Session

Virginia Senate Bill SB290

Introduced
1/9/24  
Refer
1/9/24  
Report Pass
2/5/24  
Engrossed
2/7/24  
Refer
2/13/24  
Report Pass
2/16/24  
Enrolled
2/26/24  
Chaptered
3/26/24  

Caption

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

Impact

The bill's provisions are set to significantly impact local laws and procedures regarding guardianship in Virginia, promoting a standardized approach to the management of guardianship duties. This enhanced oversight through annual reporting is designed to protect incapacitated individuals more effectively by ensuring guardians remain accountable for their welfare. The introduction of specific requirements for petition filings aims to streamline the process and enhance the court's ability to make informed decisions.

Summary

SB290 amends several sections of the Virginia Code relating to the appointment and oversight of guardians and conservators for incapacitated persons. It introduces more structured requirements for petitions to appoint guardians or conservators, including a detailed petition template that ensures all necessary information about the respondent is provided. This aims to enhance clarity and compliance within the guardianship process. Additionally, the bill mandates annual reports to be filed by guardians, detailing the well-being and circumstances of the incapacitated persons under their care.

Sentiment

The sentiment surrounding SB290 appears to be generally positive among supporters who advocate for stronger protections for vulnerable individuals. Advocates argue that the bill's emphasis on detailed reporting and compliance will safeguard the rights and well-being of incapacitated persons. However, there may be some concern among potential guardians about the increased administrative burden this could impose, especially in terms of filing detailed annual reports.

Contention

One notable point of contention raised during discussions around SB290 relates to the balance between ensuring adequate oversight versus placing undue burdens on guardians. Critics might argue that the stringent requirements for filings and annual reports could deter qualified individuals from taking on the crucial role of guardian or conservator, potentially leaving incapacitated individuals with fewer available advocates. Discussions suggested a need for ongoing evaluation of the bill's impact to ensure that it achieves its protective goals without over-regulation.

Companion Bills

VA HB115

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

Similar Bills

VA HB115

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

VA SB302

Guardians; appointment, petitions for guardianship, report.

TX HB2260

Relating to a determination of whether a probate court of this state is a more appropriate forum than a court of another state with respect to guardianship proceedings involving adults.

VA SB765

Incapacitated persons; finding of lack of capacity to understand act of voting.

VA HB2746

Incapacitated persons; finding of lack of capacity to understand act of voting.

FL H0845

Jurisdiction for Guardianship Proceedings

TX HB2998

Relating to adoption of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

UT SB0199

Guardianship Amendments