HB 2430 Virginia House of Delegates · 2019 Regular Session

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

Summary
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.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2019
Committee Review
Floor Vote
Governor
Introduced Jan 8, 2019 Last action Feb 5, 2019
Floor votes

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Full legislative history

Actions timeline

Total actions
4
Key actions
0
Committee
2
Jan 14, 2019
Committee
Assigned Courts sub: Subcommittee #2
lower
Jan 8, 2019
Committee
Referred to Committee for Courts of Justice
lower
Jan 8, 2019
Introduced
Prefiled and ordered printed; offered 01/09/19 19100259D
lower
1 primary · 9 co-sponsors

Sponsors