Virginia House Bill 406 (Prior Session Legislation)

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Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: Introduced on January 5 2018 - 25% progression, died in committee
Action: 2018-02-15 - Left in Courts of Justice
Pending: House Courts of Justice Committee
Text: Latest bill text (Prefiled) [HTML]

Guardianship; communication between incapacitated persons and others; notification of relatives. Prohibits a guardian of an incapacitated person from 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 restrict such incapacitated person's right to communicate. The bill allows the court to 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 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.

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

Del. Mark Levine [D]

Del. Brenda Pogge [R]

Del. David Reid [D]

2018-01-31 - House - House: Subcommittee failed to recommend reporting (3-Y 3-N) (Y: 3 N: 3 NV: 2 Abs: 0) [FAIL]
2018-01-17 - House - House: Subcommittee recommends reporting with amendment (6-Y 1-N) (Y: 6 N: 1 NV: 1 Abs: 0) [PASS]

Date	Chamber	Action
2018-02-15	House	Left in Courts of Justice
2018-01-31	House	Subcommittee failed to recommend reporting (3-Y 3-N)
2018-01-17	House	Subcommittee recommends reporting with amendment (6-Y 1-N)
2018-01-16	House	Assigned Courts sub: Subcommittee #2
2018-01-05	House	Referred to Committee for Courts of Justice
2018-01-05	House	Prefiled and ordered printed; offered 01/10/18 18102760D

Chapter	Article	Section	Citation Type	Statute Text
64	2	2012.1	(n/a)	See Bill Text
64	2	2019	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?181+sum+HB406
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?181+ful+HB406+hil
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?181+vot+H0802V0005+HB0406
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?181+vot+H0802V0089+HB0406