The mission of the disAbility Law Center of Virginia (dLCV) 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.
Here are some developments in guardianship legislation so far:
The Civil Law subcommittee of House Courts of Justice will hear, this afternoon, a bill relating to guardianship. HB 308 (Hope) requires a petition for guardianship to list certain identifying characteristics of the person for who guardianship is sought. This does not seem to be a controversial bill.
Delegate Kay Kory and Senator Dunnavant are offering identical bills to recognize the legality of “supported decision making” in lieu of guardianships. HB 1321 and SB 585 are the recommendations from the Joint Commission on Health Care. The bills allow a person with an intellectual or developmental disability to appoint a “supporter” to assist with decision-making. The bill also requires consideration of less restrictive alternatives before the most restrictive tool, guardianship, is imposed. This morning, the House bill was re-assigned from the Committee on Education to the House Committee on Health, Welfare and Institutions. The Senate bill is assigned to the Committee on Rehabilitation and Social Services. In the past, the Courts of Justice Committees have considered guardianship bills, so these might end up being re-referred. dLCV strongly supports this bill.
SB 352 (Lucas) also recognizes “supported decision making.” The bill has been assigned to the Senate Committee on Courts of Justice.
Delegate Levine is proposing a complex process intended to protect the right of a person who has a guardian to be able to have visitors of their choosing. HB 862 is the result of the Delegate’s attempts to protect visitation rights over the last two years and is the product of extensive negotiations since the end of the 2019 session. dLCV believes the bill is thorough and balanced. Assigned to the House Committee on Courts of Justice; it may be assigned to a subcommittee.
SB 214 (Sutterlien) requires a guardian ad litem to review an IEP when the person in the guardianship proceeding is between 17 and 21 years of age.
HB 841 (Murphy) requires the appointment of counsel for the person in the guardianship proceeding.