Virginia Senate Bill SB293

Virginia 2024 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Guardianship and conservatorship; duties and powers of guardian and conservator.

Impact

The amendments made by SB293 strengthen the legal framework governing guardianship and conservatorship. By clearly delineating the responsibilities and limitations of guardians and conservators, the bill aims to prevent abuses and conflicts of interest. It requires guardians to make decisions considering the expressed wishes and values of incapacitated individuals, promoting a more respectful and person-centered approach to decision-making based on the needs of the incapacitated individual.

Summary

SB293 aims to update the laws regarding the duties and powers of guardians and conservators in Virginia. It emphasizes the fiduciary responsibilities these appointed individuals have toward incapacitated persons, mandating that guardians maintain regular contact and perform their duties with reasonable care and diligence. The bill specifies that guardians should not impose restrictions on the incapacitated person's communications unless necessary to prevent harm, which reflects a growing recognition of the rights of incapacitated individuals to maintain relationships and autonomy.

Contention

Notable points of contention surrounding SB293 revolve around the balance of power between guardians and the rights of incapacitated individuals. While proponents support increased oversight and reduced risks of self-dealing, concerns may arise regarding the actual implementation of provisions ensuring that incapacitated individuals can assert their voices and preferences effectively within the legal framework. Additionally, dialogue might focus on how the bill addresses situations where automated compliance with visitation and reporting requirements can lead to oversight failures.

Voting history

SB293 was voted on February 5, 2024, and it demonstrated overwhelming support in the Senate, passing with a 12-0 vote. This indicates a strong bipartisan consensus on the need for reform in guardianship laws, suggesting that legislators agree on the importance of protecting the rights of vulnerable individuals.