Guardianship; supported decision making. (HB1321)

Introduced By

Del. Kaye Kory (D-Falls Church) with support from co-patron Del. Patrick Hope (D-Arlington)

Progress

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

Description

Guardianship; supported decision making. Creates the Supported Decision-Making Act, which allows an adult with an intellectual or developmental disability to enter into an agreement with another person, called a "supporter," for the purposes of having the supporter assist the adult in making decisions to manage his affairs, giving adults who need assistance a less restrictive means of receiving such assistance than being appointed a guardian or conservator by a court. The bill further requires a guardian ad litem in a proceeding for the appointment of a guardian or conservator to consider whether a less restrictive alternative, including the use of an advance directive or durable power of attorney, is available to provide assistance to the respondent, and it requires the guardian ad litem to include in his report to the court information as to whether a supported decision-making agreement is a viable option in lieu of guardianship or conservatorship. The bill also provides that if the respondent to a guardianship or conservatorship petition is between 17 and a half and 21 years of age and has an Individualized Education Plan (IEP), the guardian ad litem appointed to represent the respondent shall review the IEP and include the results of his review in the report required to be submitted to the court, and it requires the Superintendent of Public Instruction to prepare transitional materials, including information about supported decision-making agreements and guardianship to be provided to students and parents during the student's annual IEP meeting. The bill requires the court, upon appointment of a guardian or conservator, to inform such person of his duties and that the respondent should be encouraged to participate in decisions, act on his own behalf, and develop or maintain the capacity to manage his personal affairs if he retains any decision-making rights. Finally, the bill sets out specific language to be included in all orders of appointment of a guardian. This bill is a recommendation of the Joint Commission on Health Care. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/08/2020Committee
01/08/2020Prefiled and ordered printed; offered 01/08/20 20103127D
01/08/2020Referred to Committee on Education
01/15/2020Referred from Education
01/15/2020Referred to Committee on Health, Welfare and Institutions
01/16/2020Impact statement from DPB (HB1321)
01/17/2020Assigned HWI sub: Behavioral Health
02/03/2020Subcommittee recommends continuing to 2021
02/04/2020Continued to 2021 in Health, Welfare and Institutions

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