Virginia SB 352: Guardianship and conservatorship; supported decision-making alternative.

Bill Text

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2021 SESSION

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20104218D

SENATE BILL NO. 352 

Offered January 8, 2020 

Prefiled January 6, 2020 

A BILL to amend and reenact �� 64.2-2000 and 64.2-2003 of the 
 Code of Virginia, relating to guardianship and conservatorship; supported 
 decision-making alternative. 
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Patron-- Lucas 

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Referred to Committee on the Judiciary 

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Be it enacted by the General Assembly of Virginia:

1. That �� 64.2-2000 and 64.2-2003 of the Code of Virginia 
 are amended and reenacted as follows:

� 64.2-2000. Definitions.

As used in this chapter, unless the context requires a 
 different meaning:

"Advance directive" shall have the same meaning as 
 provided in the Health Care Decisions Act (� 54.1-2981 et seq.).

"Conservator" means a person appointed by the court 
 who is responsible for managing the estate and financial affairs of an 
 incapacitated person and, where the context plainly indicates, includes a 
 "limited conservator" or a "temporary conservator." The 
 term includes (i) a local or regional program designated by the Department for 
 Aging and Rehabilitative Services as a public conservator pursuant to Article 6 
 (� 51.5-149 et seq.) of Chapter 14 of Title 51.5 or (ii) any local or regional 
 tax-exempt charitable organization established pursuant to � 501(c)(3) of the 
 Internal Revenue Code to provide conservatorial services to incapacitated 
 persons. Such tax-exempt charitable organization shall not be a provider of 
 direct services to the incapacitated person. If a tax-exempt charitable 
 organization has been designated by the Department for Aging and Rehabilitative 
 Services as a public conservator, it may also serve as a conservator for other 
 individuals.

"Estate" includes both real and personal property.

"Facility" means a state or licensed hospital, 
 training center, psychiatric hospital, or other type of residential or 
 outpatient mental health or mental retardation facility. When modified by the 
 word "state," "facility" means a state hospital or training 
 center operated by the Department of Behavioral Health and Developmental 
 Services, including the buildings and land associated with it.

"Guardian" means a person appointed by the court who 
 is responsible for the personal affairs of an incapacitated person, including 
 responsibility for making decisions regarding the person's support, care, 
 health, safety, habilitation, education, therapeutic treatment, and, if not 
 inconsistent with an order of involuntary admission, residence. Where the 
 context plainly indicates, the term includes a "limited guardian" or 
 a "temporary guardian." The term includes (i) a local or regional 
 program designated by the Department for Aging and Rehabilitative Services as a 
 public guardian pursuant to Article 6