2018 Virginia General Assembly
Legislative Highlights
February 1, 2018
The Virginia legislature considered several bills that would have impacted persons who are under guardianship. All bills are now dead:
HB 216 (Krizek) would have provided courts with the authority to sanction a guardian who fails to file an annual report with the court, and adds an additional requirement that the guardian report include an assessment by a medical professional concerning the continued need for a guardianship. That bill was stricken at the request of the patron.
SB 156 (Edwards) was the senate companion to HB 216 above. The bill was likewise stricken at the request of the patron. Both bills has been developed by an interdisciplinary work groups of the Supreme Court, but faced resistance from guardians and from health providers.
HB 406 (Levine) would have created a right for those who are under guardianship to have visitors, unless the guardian petitions the court for restrictions on visitation. The bill essentially would have shifted the burden to the guardian to prove a need for limiting an individual’s ability to have visitors. Although the bill was initially approved by a subcommittee of House Courts of Justice, the patron brought the bill back to subcommittee to make some technical adjustments. The subcommittee agreed to the adjustments, but then failed to report the amended bill.
HB 477 (Reid) would have created a procedure by which a court should consider whether or not to limit the ability of a person under guardianship to have visitors. This bill was stricken in subcommittee in favor of HB 406 above.
The mission of the disAbility Law Center of Virginia is to advance independence, choice and self-determination; protect legal, human and civil rights; and eliminate abuse, neglect and discrimination of people with disabilities through zealous and uncompromising legal advocacy and representation. We are monitoring developments in the legislature that may be of interest to people with disabilities. Contact us at info@dlcv.org or by calling 1-800-552-3962 or 804-225-2042 if you have suggestions of thoughts for us.