Guardianship/conservatorship of incapacitated adult; right to request counsel, right to a jury trial.

Plain English Breakdown

The bill summary and text do not provide details about the costs or other specifics regarding legal representation, leaving these points as unknowns.

Guardianship and Conservatorship for Incapacitated Adults

This bill allows immediate family members or agents under a power of attorney to request legal representation on behalf of an incapacitated adult who cannot communicate their needs.

What This Bill Does

• Adds the right for an immediate family member or agent under a power of attorney, acting as a party in proceedings, to request legal counsel for an incapacitated person if that person is unable to communicate verbally, in writing, or with devices.

Who It Names or Affects

• Incapacitated adults who cannot communicate their need for legal representation.
• Immediate family members or agents under a power of attorney acting on behalf of incapacitated individuals.

Terms To Know

immediate family member

Includes relatives listed in Virginia’s guardianship laws, such as parents, children, and siblings.

agent under a power of attorney

A person legally authorized to make decisions for another individual when that person is incapacitated.

Limits and Unknowns

• The bill does not specify how the costs of legal representation will be covered.
• It remains unclear what happens if no immediate family member or agent under a power of attorney steps forward to request counsel on behalf of an incapacitated adult.

Official Summary Text

Guardianship or conservatorship of incapacitated adult; right to request counsel; right to a jury trial.
Provides that, upon the filing of a petition for the appointment of a guardian or conservator for an incapacitated person and where the incapacitated person is unable to communicate verbally, in writing, or with the assistance of any device to the extent that he is unable to request that he be represented by counsel or to have a jury trial, either an immediate family member of the incapacitated person or an agent under a power of attorney authorized to act on behalf of such incapacitated person, provided that such immediate family member or agent has become a party to the proceedings, may make such request on behalf of the incapacitated person.

Current Bill Text

SENATE BILL NO. 345

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the House Committee for Courts of Justice

on ________________)

(Patron Prior to Substitute--Senator Roem)

A BILL to amend and reenact §
64.2-2006
of the Code of Virginia, relating to guardianship or conservatorship of incapacitated adult; right to request counsel.

Be it enacted by the General Assembly of Virginia:

1. That §
64.2-2006
of the Code of Virginia is amended and reenacted as follows:

§
64.2-2006
. Counsel for respondent.

The respondent has the right to be represented by counsel of the respondent's choice. If the respondent is not represented by counsel, the court may appoint legal counsel upon the filing of the petition or at any time prior to the entry of the order upon request of the respondent or the guardian ad litem, if the court determines that counsel is needed to protect the respondent's interest.

Where
the respondent is
unable to communicate verbally, in writing, or with the assistance of any device to the extent that he is incapable of receiving and evaluating information effectively or responding to people, events, or environments
and is therefore unable to
request
that he be represented by counsel
,

the court may upon the request of
(i)
the respondent's
immediate family member or
(ii)
an agent under a power of attorney
authorized
to act on behalf of the respondent
, provided that
such family member or agent
has become a party to the proceedings in accordance with subsection D
of
§
64.2-2004
, appoint counsel for the respondent
.

In making such determination, the court shall consider whether the guardian ad litem has made the recommendation that no counsel for the respondent be appointed
in his report as required by §
64.2-2003
.
Counsel appointed by the court shall be paid a fee that is fixed by the court to be taxed as part of the costs of the proceeding.

A health care provider shall disclose or make available to the attorney, upon request, any information, records, and reports concerning the respondent that the attorney determines necessary to perform his duties under this section, including a copy of the evaluation report required under §
64.2-2005
.

For the purposes of this section, "immediate family me
mber" include
s
any relative listed in subdivision B 3 of § 64.2-
2002.