Guardianship and conservatorship; makes various changes to laws. (SB759)

Introduced By

Sen. John Edwards (D-Roanoke)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Guardianship and conservatorship. Makes various changes to guardianship and conservatorship laws, including: (i) permitting another person to initiate a guardianship proceeding before an incapacitated child turns 18 if there is no living parent; (ii) requiring a petition to state the basis for the court's jurisdiction; (iii) clarifying the court's ability to award reasonable fees for a guardian ad litem and counsel for the respondent; (iv) requiring the court to hold a hearing on the appointment of a guardian or conservator within 120 days from filing; (v) confirming that the court should consider the respondent's best interests when determining the need for a guardian or conservator; (vi) granting a conservator the power to make elections for a family allowance, exempt property allowance, and homestead allowance; and (viii) granting a court the ability to authorize a conservator, for good cause shown, to create and fund a trust for an incapacitated person. Read the Bill »


Bill Has Passed


12/17/2012Prefiled and ordered printed; offered 01/09/13 13101678D
12/17/2012Referred to Committee for Courts of Justice
01/14/2013Reported from Courts of Justice with amendments (10-Y 0-N 2-A) (see vote tally)
01/15/2013Constitutional reading dispensed (40-Y 0-N) (see vote tally)
01/16/2013Read second time
01/16/2013Reading of amendments waived
01/16/2013Committee amendments agreed to
01/16/2013Engrossed by Senate as amended SB759E
01/16/2013Printed as engrossed 13101678D-E
01/17/2013Passed by for the day
01/18/2013Passed by for the day
01/21/2013Read third time and passed Senate (37-Y 1-N) (see vote tally)
01/25/2013Placed on Calendar
01/25/2013Read first time
01/25/2013Referred to Committee for Courts of Justice
02/08/2013Assigned Courts sub: #2 Civil
02/11/2013Subcommittee recommends reporting (7-Y 0-N)
02/15/2013Reported from Courts of Justice with substitute (18-Y 0-N) (see vote tally)
02/15/2013Committee substitute printed 13105160D-H1
02/19/2013Read second time
02/20/2013Passed by for the day
02/21/2013Read third time
02/21/2013Committee substitute agreed to 13105160D-H1
02/21/2013Engrossed by House - committee substitute SB759H1
02/21/2013Passed House with substitute BLOCK VOTE (95-Y 0-N)
02/21/2013VOTE: BLOCK VOTE PASSAGE (95-Y 0-N) (see vote tally)
02/21/2013House substitute agreed to by Senate (36-Y 2-N) (see vote tally)
02/21/2013Title replaced 13105160D-H1
03/04/2013Bill text as passed Senate and House (SB759ER)
03/04/2013Signed by President
03/05/2013Signed by Speaker
03/18/2013G Approved by Governor-Chapter 523 (effective 7/1/13)
03/18/2013G Acts of Assembly Chapter text (CHAP0523)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 2 minutes.