Guardianship

This bill updates two sections of the Code of Virginia about guardianship and conservatorship.

• Code of Virginia: Collection of all the laws and rules in the state of Virginia. It organizes these laws by topic, like education, transportation, or health, so people can easily find and understand the rules that affect them. It’s like the official rulebook for how things are done in Virginia.

• Guardianship: A legal arrangement where a person (the guardian) is given the responsibility to help someone else (the individual) make decisions or manage certain parts of their life, like money or healthcare, if they need extra support. This is meant to protect the person’s rights and well-being.

• Conservatorship: A legal arrangement where a person (the conservator) is appointed to help someone manage their finances or property if they have difficulty doing it on their own.

• One section lays out the responsibilities and powers of guardians:

  • Guardians have a relationship with the individual where they are trusted to take care of important decisions that may involve money.

  • Guardians not responsible for the actions of the individual unless they act without care or responsibility.

  • Guardians don’t have to spend their own money on the individual.

  • Guardians need to steer of personal relationships that might make it hard to make decisions for the individual, and to avoid using their power as guardian for their own gain.

  • Exchanges on money for the gain of the guardian can be thrown out by the court.

  • Previous sales or exchanges of money don’t count as being for the personal gain of the guardian if they happened before they became a guardian or if the court said they are okay.

  • Guardian responsibilities don’t include actions that are already covered by Written directions or powers of attorney.

    • Powers of Attorney: people you choose to make decisions for you if you’re unable to do so, like for healthcare or finances.

  • Guardians should keep in touch often with the individual.

  • Required visits: at least three times a year, with most by the guardian.

    • Alternative options can be made in some cases.

  • Big changes (like moving or parental rights) need to be approved by the court before they happen.

  • Guardians should support the individual in making their own choices and handling their own responsibilities as much as they can.

  • Guardians can plan funerals and handle remains if the individual dies.

• The other section is about the responsibilities of conservators:

  • Conservators need to act thoughtfully and do what is best for the individual.

  • Their responsibilities include taking care of the individuals money and property.

  • The money the individual makes should be used to pay off any amount they owe to others, and to support the individual.

  • They should support the individual getting involved in managing their own money and property

  • Conservators have relationships that involve money and might be personally responsible for any mistakes or problems.

  • They should need to steer clear from personal relationships that might make it hard to make decisions for the individual, and to avoid using their power for their own gain, just like guardians do.

  • Conservators must stick to the general things they have to do with the individuals money and property.