VA HB2028 | 2023 | Regular Session

Status

Completed Legislative Action
Spectrum: Partisan Bill (Democrat 1-0)
Status: Passed on March 26 2023 - 100% progression
Action: 2023-03-26 - Governor: Acts of Assembly Chapter text (CHAP0540)
Text: Latest bill text (Chaptered) [HTML]

Summary

Guardianship; duties of guardian; visitation requirements. Requires a guardian to visit an incapacitated person at least three times per year and at least once every 120 days. The bill requires that at least two of the visits be conducted by the guardian and directs that at least one of such visits be in-person. The bill allows the second visit by the guardian to be conducted by the guardian via virtual conference or video call. The bill allows the remaining visit to be conducted (i) by the guardian; (ii) by a person other than the guardian, including (a) a family member monitored by the guardian or (b) a skilled professional retained by the guardian to perform guardianship duties on behalf of the guardian and who is experienced in the care of individuals, including older adults or adults with disabilities; or (iii) via virtual conference or video call between either the guardian or such family member monitored by the guardian or skilled professional and the incapacitated person, provided that the technological means by which such conference or call can take place are readily available. The bill requires a person who visits the incapacitated person in lieu of the guardian to provide a written report to the guardian regarding any such visit. Guardianship; duties of guardian; visitation requirements. Requires a guardian to visit an incapacitated person at least three times per year and at least once every 120 days. The bill requires that at least two of the visits be conducted by the guardian and directs that at least one of such visits be in-person. The bill allows the second visit by the guardian to be conducted by the guardian via virtual conference or video call. The bill allows the remaining visit to be conducted (i) by the guardian; (ii) by a person other than the guardian, including (a) a family member monitored by the guardian or (b) a skilled professional retained by the guardian to perform guardianship duties on behalf of the guardian and who is experienced in the care of individuals, including older adults or adults with disabilities; or (iii) via virtual conference or video call between either the guardian or such family member monitored by the guardian or skilled professional and the incapacitated person, provided that the technological means by which such conference or call can take place are readily available. The bill requires a person who visits the incapacitated person in lieu of the guardian to provide a written report to the guardian regarding any such visit.

Tracking Information

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Title

Guardianship; duties of guardian, visitation requirements.

Sponsors


Roll Calls

2023-02-23 - House - House: VOTE: Adoption (95-Y 0-N) (Y: 95 N: 0 NV: 0 Abs: 5) [PASS]
2023-02-22 - Senate - Senate: Passed Senate with substitute (39-Y 1-N) (Y: 39 N: 1 NV: 0 Abs: 0) [PASS]
2023-02-21 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2023-02-20 - Senate - Senate: Reported from Judiciary with substitute (12-Y 3-N) (Y: 12 N: 3 NV: 0 Abs: 0) [PASS]
2023-02-02 - House - House: VOTE: Block Vote Passage (100-Y 0-N) (Y: 100 N: 0 NV: 0 Abs: 0) [PASS]
2023-01-27 - House - House: Reported from Courts of Justice with substitute (20-Y 0-N) (Y: 20 N: 0 NV: 0 Abs: 0) [PASS]
2023-01-25 - House - House: Subcommittee recommends reporting with substitute (8-Y 0-N) (Y: 8 N: 0 NV: 0 Abs: 0) [PASS]
2023-01-23 - House - House: Subcommittee recommends reporting with substitute (6-Y 2-N) (Y: 6 N: 2 NV: 0 Abs: 0) [PASS]
2023-01-23 - House - House: Subcommittee recommends reporting with substitute (6-Y 2-N) (Y: 6 N: 2 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2023-03-26 Governor: Acts of Assembly Chapter text (CHAP0540)
2023-03-26 Governor: Approved by Governor-Chapter 540 (effective 7/1/23)
2023-03-13 Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
2023-03-13HouseEnrolled Bill communicated to Governor on March 13, 2023
2023-03-08SenateSigned by President
2023-03-08HouseSigned by Speaker
2023-03-07HouseBill text as passed House and Senate (HB2028ER)
2023-03-07HouseEnrolled
2023-02-23HouseVOTE: Adoption (95-Y 0-N)
2023-02-23HouseSenate substitute agreed to by House 23106970D-S1 (95-Y 0-N)
2023-02-22SenatePassed Senate with substitute (39-Y 1-N)
2023-02-22SenateEngrossed by Senate - committee substitute HB2028S1
2023-02-22SenateAmendment by Senator Peake rejected
2023-02-22SenateReading of amendment waived
2023-02-22SenateCommittee substitute agreed to 23106970D-S1
2023-02-22SenateReading of substitute waived
2023-02-22SenateRead third time
2023-02-21SenateConstitutional reading dispensed (39-Y 0-N)
2023-02-20SenateCommittee substitute printed 23106970D-S1
2023-02-20SenateReported from Judiciary with substitute (12-Y 3-N)
2023-02-03SenateReferred to Committee on the Judiciary
2023-02-03SenateConstitutional reading dispensed
2023-02-02HouseVOTE: Block Vote Passage (100-Y 0-N)
2023-02-02HouseRead third time and passed House BLOCK VOTE (100-Y 0-N)
2023-02-01HouseEngrossed by House - committee substitute HB2028H1
2023-02-01HouseCommittee substitute agreed to 23105525D-H1
2023-02-01HouseRead second time
2023-01-31HouseRead first time
2023-01-27HouseCommittee substitute printed 23105525D-H1
2023-01-27HouseReported from Courts of Justice with substitute (20-Y 0-N)
2023-01-25HouseSubcommittee recommends reporting with substitute (8-Y 0-N)
2023-01-23HouseSubcommittee recommends reporting with substitute (6-Y 2-N)
2023-01-20HouseAssigned Courts sub: Subcommittee #2
2023-01-10HouseReferred to Committee for Courts of Justice
2023-01-10HousePrefiled and ordered printed; offered 01/11/23 23103725D

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
6422019(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+sum+HB2028
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB2028+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB2028H1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB2028S1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB2028ER+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+CHAP0540+hil
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/23105113D.pdf
Amendmenthttps://committees.lis.virginia.gov/pdfs/23105113D.pdf
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/23106970D.pdf
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+amd+HB2028ASR
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB2028F122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB2028FH1122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB2028FS1122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB2028FER122+PDF
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H0802V0030+HB2028
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H0802V0043+HB2028
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H0802V0054+HB2028
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H08V0067+HB2028
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+HV1301+HB2028
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+S03V0312+HB2028
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0711HB2028+HB2028
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0799HB2028+HB2028
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+HV2297+HB2028

Bill Comments

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