Virginia 2024 Regular Session

Virginia Senate Bill SB291

Introduced
1/9/24  
Refer
1/9/24  
Report Pass
1/19/24  
Report Pass
2/6/24  
Engrossed
2/8/24  
Refer
2/14/24  
Report Pass
2/20/24  
Refer
2/20/24  
Report Pass
2/26/24  
Enrolled
3/4/24  
Chaptered
4/5/24  

Caption

Court-appointed guardians; training, powers and duties.

Impact

The legislation amends several sections of the Code of Virginia, and it establishes a statewide system for local public guardian and conservator programs. It mandates that guardians must visit the individuals they serve at least three times a year, with specific provisions for virtual visits in instances where physical presence is not possible. Additionally, it requires guardians to maintain records, adhere to training protocols, and submit annual reports that evaluate the well-being and living conditions of incapacitated persons. Such measures aim to enhance the transparency and effectiveness of guardian responsibilities.

Summary

SB291 is a legislative bill focusing on the training, powers, and duties related to court-appointed guardians in Virginia. It aims to enhance the structure of public guardian and conservator programs by introducing regulations that outline the responsibilities of guardians. These regulations include maintaining contact with incapacitated individuals, filing annual reports, and following specific protocols for decision-making on behalf of these individuals. The bill underscores the importance of a guardian's fiduciary duty and personal accountability in their role, ensuring that they act in the best interests of those they serve.

Sentiment

The sentiment surrounding SB291 appears to be predominantly positive, especially from advocacy groups focusing on the rights of incapacitated individuals. Supporters argue that the bill strengthens protections for the vulnerable population by ensuring that guardians are well-trained and accountable. Opponents, however, may express concerns regarding the burden of compliance on local programs or the feasibility of regulations in varying circumstances across different regions. Overall, the sentiment suggests a significant focus on safeguarding the interests of those unable to manage their personal affairs.

Contention

The major points of contention in SB291 include the stringent training requirements for guardians as well as the mandated annual reporting processes. Some stakeholders may argue that the requirements could lead to challenges in the timely appointment of guardians, while others may see these regulations as necessary steps for accountability. There may also be discussions around the adequacy of resources to support the implementation of these programs effectively. Ultimately, the balance between regulatory oversight and practical application remains a central debate in the bill’s dialogue.

Companion Bills

No companion bills found.

Previously Filed As

VA SB293

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

VA SB216

Guardianship; copy of appointment, termination, or modification order.

VA HB1119

Guardianship; copy of appointment, termination, or modification order.

VA HB2492

Guardianship; court appointments; care placement

VA SB2291

Visitors in a guardianship proceeding and appointment of successor guardians.

VA SB199

Guardianship; requiring completion of certain training prior to appointment as guardian for certain persons; requiring verification of training to be submitted to court. Effective date.

VA SB199

Guardianship; requiring completion of certain training prior to appointment as guardian for certain persons; requiring verification of training to be submitted to court. Effective date.

VA A4338

Requires court to consider certain factors in appointing guardian and to justify guardianship appointment on record.

VA S2816

Requires court to consider certain factors in appointing guardian and to justify guardianship appointment on record.

VA HB2079

Guardianship; minors; appointment; notice

Similar Bills

CA AB1025

Standby Caretaker Act.

NJ A969

Establishes Office of Professional Corporate Guardians.

CA AB2283

State Public Guardian.

TX SB2342

Relating to the application for appointment of a guardian and to requiring criminal history record information and other information in connection with the guardianship of a ward or the ward's estate.

WV HB4358

Establishing pilot program for Public Guardian Ad Litem Services

WV HB2035

Establishing pilot program for Public Guardian Ad Litem Services

IL HB3811

PRIVATE PROFESSIONAL GUARDIANS

MI HB4634

Probate: guardians and conservators; appointment; modify procedure. Amends secs. 5303, 5304, 5306, 5306a, 5312 & 5416 of 1998 PA 386 (MCL 700.5303 et seq.). TIE BAR WITH: HB 4632'25, HB 4633'25, HB 4635'25