Guardianship; communication between incapacitated persons & others, notification of relatives. (HB2430)

Introduced By

Del. Mark Levine (D-Alexandria) with support from 8 copatrons, whose average partisan position is:

Those copatrons are Del. Jeff Bourne (D-Richmond), Del. Jeff Campbell (R-Marion), Del. Ronnie Campbell (R-Raphine), Del. Patrick Hope (D-Arlington), Del. Kaye Kory (D-Falls Church), Del. Paul Krizek (D-Alexandria), Del. Brenda Pogge (R-Williamsburg), Del. David Reid (D-Loudoun)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Guardianship; communication between incapacitated persons and others; notification of relatives. Prohibits a guardian of an incapacitated person from prohibiting or restricting such incapacitated person's ability to communicate with, visit, or interact with other persons with whom the incapacitated person has expressed a desire to communicate with, visit, or interact with, or with whom the incapacitated person has an established relationship. The bill creates a means by which a guardian may petition the court to prohibit or restrict such incapacitated person's right to communicate. The bill allows the court to prohibit or restrict such communication for good cause shown but specifies that the court shall limit itself to the least restrictive means possible if it finds such a prohibition or restriction to be necessary. The bill allows the court to require a guardian found to have brought such a petition in bad faith or not for the benefit of the incapacitated person to pay or reimburse all or some of the incapacitated person's reasonable costs and fees. The bill also specifies that such a finding may be grounds for termination of the guardianship appointment. The bill requires the guardian to notify certain relatives of the incapacitated person of certain life events of the incapacitated person, unless the guardian is notified in writing that any such relative does not wish to be notified or if there exists between such relative and the incapacitated person a protective order or court order otherwise prohibiting contact. Amends § 64.2-2019, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/08/2019Committee
01/08/2019Prefiled and ordered printed; offered 01/09/19 19100259D
01/08/2019Referred to Committee for Courts of Justice
01/14/2019Assigned Courts sub: Subcommittee #2
01/16/2019Subcommittee recommends reporting (5-Y 1-N)
01/30/2019Subcommittee recommends laying on the table (8-Y 0-N)
02/05/2019Left in Courts of Justice

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