Guardianship; special education transition materials, etc. (SB585)

Introduced By

Sen. Siobhan Dunnavant (R-Henrico)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Guardianship for incapacitated persons. 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 requires the Superintendent of Public Instruction to make available transitional materials prepared by the Department of Education that include information about powers of attorney and guardianship to be provided to students and parents during the student's annual IEP meeting. The bill also requires the guardian ad litem 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. 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. The bill sets out specific language to be included in all orders of appointment of a guardian. Finally, the bill requires the Department of Behavioral Health and Developmental Services to convene a group of stakeholders to study the use of supported decision-making agreements. As introduced, the bill was a recommendation of the Joint Commission on Health Care. Read the Bill »


Bill Has Passed


01/07/2020Prefiled and ordered printed; offered 01/08/20 20103126D
01/07/2020Referred to Committee on Rehabilitation and Social Services
01/16/2020Impact statement from DPB (SB585)
01/17/2020Rereferred from Rehabilitation and Social Services (12-Y 0-N) (see vote tally)
01/17/2020Rereferred to Judiciary
01/22/2020Impact statement from DPB (SB585)
02/05/2020Reported from Judiciary with substitute (15-Y 0-N) (see vote tally)
02/05/2020Committee substitute printed 20107621D-S1
02/07/2020Constitutional reading dispensed (37-Y 0-N) (see vote tally)
02/10/2020Read second time
02/10/2020Reading of substitute waived
02/10/2020Committee substitute agreed to 20107621D-S1
02/10/2020Engrossed by Senate - committee substitute SB585S1
02/10/2020Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/10/2020Passed Senate (39-Y 0-N) (see vote tally)
02/13/2020Placed on Calendar
02/13/2020Read first time
02/13/2020Referred to Committee for Courts of Justice
02/14/2020Impact statement from DPB (SB585S1)
02/14/2020Referred from Courts of Justice
02/14/2020Referred to Committee on Health, Welfare and Institutions
02/17/2020House committee, floor amendments and substitutes offered
02/17/2020Subcommittee recommends reporting with amendments (6-Y 0-N)
02/25/2020Reported from Health, Welfare and Institutions with amendments (21-Y 0-N) (see vote tally)
02/27/2020Read second time
02/28/2020Read third time
02/28/2020Committee amendments agreed to
02/28/2020Engrossed by House as amended
02/28/2020Passed House with amendments BLOCK VOTE (100-Y 0-N)
02/28/2020VOTE: Block Vote Passage (100-Y 0-N) (see vote tally)
03/02/2020House amendments agreed to by Senate (40-Y 0-N) (see vote tally)
03/06/2020Bill text as passed Senate and House (SB585ER)
03/06/2020Signed by President
03/06/2020Signed by Speaker
03/09/2020Impact statement from DPB (SB585ER)
03/12/2020Enrolled Bill Communicated to Governor on March 12, 2020
03/12/2020G Governor's Action Deadline 11:59 p.m., April 11, 2020
04/07/2020G Approved by Governor-Chapter 855 (effective 7/1/20)
04/07/2020G Acts of Assembly Chapter text (CHAP0855)