Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
12 KiB
type, title, description, jurisdiction, legislature, session, identifier, citation, classification, subjects, status, primary_sponsors, version_count, action_count, vote_count, first_action, last_action, source, source_identifier, source_url, source_hash, vintage, source_snapshot, retrieved_at, confidence, tags
| type | title | description | jurisdiction | legislature | session | identifier | citation | classification | subjects | status | primary_sponsors | version_count | action_count | vote_count | first_action | last_action | source | source_identifier | source_url | source_hash | vintage | source_snapshot | retrieved_at | confidence | tags | |||||
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| Bill | Incapacitated persons; changes to provisions of guardianship and conservatorship. | Guardianship and conservatorship of incapacitated persons. Makes several changes to the provisions of adult guardianships and conservatorships, including (i) adding certain powers and duties to the Department for Aging and Rehabilitative Services to provide support and guidance with respect to private guardianships, including developing and providing training for such guardians; (ii) requiring a guardian ad litem appointed to represent a respondent to a guardianship proceeding to notify the court as soon as practicable if the respondent requests counsel regardless of whether the guardian ad litem recommends counsel; (iii) requiring the notice of hearing on a guardianship or conservatorship petition to include notice that any adult individual required to receive a copy of such notice may file a motion to intervene in the action to become a party and request to be appointed as guardian or conservator or offer an alternative to the guardian or conservator selected; (iv) requiring a schedule for periodic review hearings in the order of appointment of a guardian or conservator to be set by a court, unless the court makes a determination that such hearings are unnecessary or impracticable, and specifying circumstances under which such review hearings shall not be waived; (v) requiring guardians and staff employed or contracted by such guardian to perform guardianship duties on behalf of the guardians to complete training within four months of the date of entry of the initial order of appointment; and (vi) providing that a guardian shall not restrict an incapacitated person's ability to communicate with, visit, or interact with other persons with whom the incapacitated person has an established relationship unless such restriction is necessary to prevent physical, mental, or emotional harm to or financial exploitation of the incapacitated person; the bill further requires that the guardian must provide written notice to any restricted person stating (a) the nature and terms of the restriction, (b) the reasons why the guardian believes the restriction is necessary, and (c) how the restricted person may challenge such restriction in court. The bill sets up a procedure by which a person whose visit, communication with, or interaction with an incapacitated person has been restricted may challenge such restriction in court, and provides that if the court finds that the claim of a restricted person who filed a motion to challenge such restriction was brought in bad faith, the court may require the restricted person to pay or reimburse the guardian all or some of the his costs and fees, including attorney fees. | us/states/va | Virginia General Assembly | 2022 | SB 514 | Virginia SB 514 (2022) |
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enacted |
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6 | 56 | 10 | 2022-01-12 | 2022-04-11 | openstates | ocd-bill/3b67c74e-0d01-4523-9ee4-1c1acc04e832 | https://lis.virginia.gov/cgi-bin/legp604.exe?221+sum+SB514 | 3d6a8ca80688026db4dd62bb8b7966b196d5f312c5a1e730444a8164a172bcd6 | 2026-07-01 | https://data.openstates.org/daily/2026-07-01/public.pgdump | 2026-07-06 | reported |
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Virginia SB 514 (2022) — Incapacitated persons; changes to provisions of guardianship and conservatorship.
Guardianship and conservatorship of incapacitated persons. Makes several changes to the provisions of adult guardianships and conservatorships, including (i) adding certain powers and duties to the Department for Aging and Rehabilitative Services to provide support and guidance with respect to private guardianships, including developing and providing training for such guardians; (ii) requiring a guardian ad litem appointed to represent a respondent to a guardianship proceeding to notify the court as soon as practicable if the respondent requests counsel regardless of whether the guardian ad litem recommends counsel; (iii) requiring the notice of hearing on a guardianship or conservatorship petition to include notice that any adult individual required to receive a copy of such notice may file a motion to intervene in the action to become a party and request to be appointed as guardian or conservator or offer an alternative to the guardian or conservator selected; (iv) requiring a schedule for periodic review hearings in the order of appointment of a guardian or conservator to be set by a court, unless the court makes a determination that such hearings are unnecessary or impracticable, and specifying circumstances under which such review hearings shall not be waived; (v) requiring guardians and staff employed or contracted by such guardian to perform guardianship duties on behalf of the guardians to complete training within four months of the date of entry of the initial order of appointment; and (vi) providing that a guardian shall not restrict an incapacitated person's ability to communicate with, visit, or interact with other persons with whom the incapacitated person has an established relationship unless such restriction is necessary to prevent physical, mental, or emotional harm to or financial exploitation of the incapacitated person; the bill further requires that the guardian must provide written notice to any restricted person stating (a) the nature and terms of the restriction, (b) the reasons why the guardian believes the restriction is necessary, and (c) how the restricted person may challenge such restriction in court. The bill sets up a procedure by which a person whose visit, communication with, or interaction with an incapacitated person has been restricted may challenge such restriction in court, and provides that if the court finds that the claim of a restricted person who filed a motion to challenge such restriction was brought in bad faith, the court may require the restricted person to pay or reimburse the guardian all or some of the his costs and fees, including attorney fees.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
- CHAP0381 (committee substitute) — source
- Committee substitute printed 22106275D-S2 (committee substitute) — source
- Committee substitute printed 22107249D-H1 (committee substitute) — source
- SB514ER (committee substitute) — source
- SB514H2 (committee substitute) — source
- SB514S3 (committee substitute) — source
Votes
- Constitutional reading dispensed (38-Y 0-N) — 38–0 (pass) · upper
- Reported from Appropriations with substitute (21-Y 0-N) — 21–0 (pass) · lower
- Subcommittee recommends reporting (8-Y 0-N) — 8–0 (pass) · lower
- House substitute agreed to by Senate (39-Y 0-N) — 39–0 (pass) · upper
- Subcommittee recommends reporting with substitute (7-Y 1-N) — 7–1 (pass) · lower
- VOTE: Passage (96-Y 0-N) — 95–0 (pass) · lower
- Reported from Judiciary with substitute (15-Y 0-N) — 15–0 (pass) · upper
- Reported from Finance and Appropriations with substitute (16-Y 0-N) — 16–0 (pass) · upper
- Reported from Courts of Justice (20-Y 0-N) — 20–0 (pass) · lower
- Read third time and passed Senate (39-Y 0-N) — 39–0 (pass) · upper
Sponsors
- Jeremy S. McPike — primary (person)
- Jennifer L. McClellan — cosponsor (person)
- T. Montgomery "Monty" Mason — cosponsor (person)
Timeline
The legislative action history — every referral, reading, and vote.
- 2022-01-12 Prefiled and ordered printed; offered 01/12/22 22104012D
introduction - 2022-01-12 Referred to Committee on the Judiciary
referral-committee - 2022-01-24 Senate committee, floor amendments and substitutes offered
- 2022-01-24 Reported from Judiciary with substitute (15-Y 0-N)
committee-passage - 2022-01-24 Committee substitute printed 22105019D-S1
substitution - 2022-01-24 Rereferred to Finance and Appropriations
referral-committee - 2022-01-24 Impact statement from DPB (SB514)
- 2022-01-24 Impact statement from DPB (SB514S1)
- 2022-02-08 Senate committee, floor amendments and substitutes offered
- 2022-02-08 Reported from Finance and Appropriations with substitute (16-Y 0-N)
committee-passage - 2022-02-08 Committee substitute printed 22106275D-S2
substitution - 2022-02-09 Constitutional reading dispensed (38-Y 0-N)
- 2022-02-10 Passed by temporarily
- 2022-02-10 Floor substitute printed 22106485D-S3 (McPike)
- 2022-02-10 Read second time
reading-2 - 2022-02-10 Committee substitute rejected 22105019D-S1
- 2022-02-10 Committee substitute rejected 22106275D-S2
- 2022-02-10 Reading of substitute waived
- 2022-02-10 Substitute by Senator McPike agreed to 22106485D-S3
- 2022-02-10 Engrossed by Senate - floor substitute SB514S3
- 2022-02-10 Passed by for the day
- 2022-02-11 Read third time and passed Senate (39-Y 0-N)
passage, reading-3 - 2022-02-16 Impact statement from DPB (SB514S3)
- 2022-02-22 Placed on Calendar
- 2022-02-22 Read first time
reading-1 - 2022-02-22 Referred to Committee for Courts of Justice
referral-committee - 2022-02-22 Assigned Courts sub: Subcommittee #2
referral-committee - 2022-02-23 Subcommittee recommends reporting (8-Y 0-N)
- 2022-02-23 Subcommittee recommends referring to Committee on Appropriations
- 2022-02-25 Reported from Courts of Justice (20-Y 0-N)
committee-passage - 2022-02-25 Referred to Committee on Appropriations
referral-committee - 2022-02-26 Assigned App. sub: Health & Human Resources
referral-committee - 2022-03-01 House subcommittee amendments and substitutes offered
- 2022-03-01 Subcommittee recommends reporting with substitute (7-Y 1-N)
- 2022-03-02 Reported from Appropriations with substitute (21-Y 0-N)
committee-passage - 2022-03-02 Committee substitute printed 22107249D-H1
substitution - 2022-03-04 Read second time
reading-2 - 2022-03-04 Impact statement from DPB (SB514H1)
- 2022-03-07 Floor substitute printed 22107586D-H2 (Roem)
- 2022-03-07 Read third time
reading-3 - 2022-03-07 Committee on Appropriations substitute rejected 22107249D-H1
- 2022-03-07 Substitute by Delegate Roem agreed to 22107586D-H2
- 2022-03-07 Engrossed by House - floor substitute SB514H2
- 2022-03-07 Passed House with substitute (96-Y 0-N)
passage - 2022-03-07 VOTE: Passage (96-Y 0-N)
- 2022-03-08 Passed by for the day
- 2022-03-09 Impact statement from DPB (SB514H2)
- 2022-03-09 House substitute agreed to by Senate (39-Y 0-N)
- 2022-03-09 Title replaced 22107586D-H2
- 2022-03-11 Enrolled
- 2022-03-11 Signed by President
- 2022-03-11 Signed by Speaker
- 2022-03-14 Impact statement from DPB (SB514ER)
- 2022-03-22 Enrolled Bill Communicated to Governor on March 22, 2022
- 2022-03-22 Governor's Action Deadline 11:59 p.m., April 11, 2022
- 2022-04-11 Approved by Governor-Chapter 381 (effective 7/1/22)
executive-signature
Source
OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/3b67c74e-0d01-4523-9ee4-1c1acc04e832. Confidence: reported (aggregated from official Virginia legislature records).