Virginia Senate Bill SB293

Virginia 2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

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

Impact

The implications of SB293 are significant, as it strengthens the legal expectations for guardians and conservators in Virginia. By stipulating that guardians must conduct at least three visits per year, including one in-person visit, the bill endeavors to promote more supportive and personalized care for incapacitated individuals. Furthermore, it addresses modern communication methods by allowing for virtual visits, reflecting updated practices that enhance accessibility for both guardians and individuals under guardianship.

Summary

SB293 updates the legal framework surrounding guardianship and conservatorship in Virginia, specifically detailing the duties and powers of guardians and conservators. The bill introduces more structured requirements for guardians, emphasizing their fiduciary responsibilities to the incapacitated persons under their care. Key provisions include mandates for personal visitation at defined intervals, documentation of interactions, and maintenance of contact with the incapacitated individuals to ascertain their needs and capabilities. This move aims to enhance accountability and communication within guardianship arrangements.

Contention

While the bill presents comprehensive guidelines, it could also foster debate regarding the balance between oversight and autonomy. Critics may argue that the rigid requirements for visitation could overwhelm guardians, particularly for those managing multiple cases concurrently. Additionally, the necessity for court authorization before significant decisions, such as relocating an incapacitated person or changing their marital status, could be viewed as burdensome by some guardians, particularly in urgent situations. Supporters, however, are likely to assert that these regulations are crucial for safeguarding the rights and well-being of those who are unable to advocate for themselves.