Guardianship; communication between close relatives and friends of incapacitated persons. (HB862)

Introduced By

Del. Mark Levine (D-Alexandria) with support from co-patron Del. Kathleen Murphy (D-McLean)

Progress

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

Description

Guardianship; communication between close relatives and friends of incapacitated persons; restricted communication procedures; notification of close relatives and friends. Provides that a guardian may restrict an incapacitated person's ability to communicate with, visit, or interact with close relatives, as defined in the bill, and friends, as defined in the bill, only when necessary to prevent a reasonable expectation of serious physical or psychological harm or serious financial exploitation occurring to the incapacitated person. The bill further sets up a procedure by which a person whose visits, communication with, or interaction with an incapacitated person have been restricted may challenge such restriction in court and a procedure by which a guardian may petition the court to restrict an incapacitated person's communication, visitation, and interaction rights with a close relative or friend. The bill provides that the court may restrict an incapacitated person's communication, visitation, and interaction rights with such person when it finds by clear and convincing evidence that serious physical or psychological harm or serious financial exploitation would reasonably be expected to occur to such incapacitated person from such communication, visitation, or interaction. The bill allows the court to require a guardian found to have imposed restrictions or 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 close relatives and friends of the incapacitated person of certain life events of the incapacitated person, unless the guardian is notified in writing that any such close relative or friend does not wish to be notified or if there exists between such close relative or friend and the incapacitated person a protective order or court order otherwise prohibiting contact. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/07/2020Committee
01/07/2020Prefiled and ordered printed; offered 01/08/20 20104790D
01/07/2020Referred to Committee for Courts of Justice
01/22/2020Impact statement from DPB (HB862)
01/29/2020House committee, floor amendments and substitutes offered
01/30/2020Assigned Courts sub: Civil
01/31/2020Subcommittee failed to recommend reporting (2-Y 5-N)
02/11/2020Left in Courts of Justice