Bill Text: VA SB1144 | 2023 | Regular Session | Enrolled
Bill Title: Guardian ad litem; appointment, requested information, records, or reports.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-03-22 - Governor: Acts of Assembly Chapter text (CHAP0261) [SB1144 Detail]
Download: Virginia-2023-SB1144-Enrolled.html
Be it enacted by the General Assembly of Virginia:
1. That §§6.2-103.1 and 64.2-2003 of the Code of Virginia are amended and reenacted as follows:
§6.2-103.1. Financial institutions to furnish certain information as part of adult protective services investigation.
Notwithstanding any other provision of law, any financial institution subject to the provisions of this title shall cooperate in any investigation of alleged adult abuse, neglect, or exploitation conducted by a local department of social services pursuant to Chapter 16 (§63.2-1600 et seq.) of Title 63.2 and shall make any financial records or information relevant to such investigation available to the local department and to any court-appointed guardian ad litem for the adult who is the subject of such adult protective services investigation upon request to the extent allowed under the Gramm-Leach-Bliley Act (15 U.S.C. §6801 et seq.) and 12 U.S.C. § 3403. Absent gross negligence or willful misconduct, any financial institution and its staff shall be immune from civil or criminal liability for providing information or records to the local department of social services or to a court-appointed guardian ad litem pursuant to this section.
§64.2-2003. Appointment of guardian ad litem.
A. On the filing of every petition for guardianship or conservatorship, the court shall appoint a guardian ad litem to represent the interests of the respondent. The guardian ad litem shall be paid a fee that is fixed by the court to be paid by the petitioner or taxed as costs, as the court directs.
B. Duties of the guardian ad litem include (i) personally visiting the respondent; (ii) advising the respondent of rights pursuant to §§ 64.2-2006 and 64.2-2007 and certifying to the court that the respondent has been so advised; (iii) recommending that legal counsel be appointed for the respondent, pursuant to §64.2-2006, if the guardian ad litem believes that counsel for the respondent is necessary; (iv) notifying the court as soon as practicable if the respondent requests counsel regardless of whether the guardian ad litem recommends counsel; (v) investigating the petition and evidence, requesting additional evaluation if necessary, considering whether a less restrictive alternative to guardianship or conservatorship is available, including the use of an advance directive, supported decision-making agreement, or durable power of attorney, and filing a report pursuant to subsection C; and (vi) personally appearing at all court proceedings and conferences. If the respondent is between 17 and a half and 21 years of age and has an Individualized Education Plan (IEP) and transition plan, the guardian ad litem shall review such IEP and transition plan and include the results of his review in the report required by clause (v).
C. In the report required by clause (v) of subsection B, the guardian ad litem shall address the following major areas of concern: (i) whether the court has jurisdiction; (ii) whether a guardian or conservator is needed based on evaluations and reviews conducted pursuant to subsection B; (iii) the extent of the duties and powers of the guardian or conservator; (iv) the propriety and suitability of the person selected as guardian or conservator after consideration of the person's geographic location, familial or other relationship with the respondent, ability to carry out the powers and duties of the office, commitment to promoting the respondent's welfare, any potential conflicts of interests, wishes of the respondent, and recommendations of relatives; (v) a recommendation as to the amount of surety on the conservator's bond, if any; and (vi) consideration of proper residential placement of the respondent. The report shall also contain an explanation by the guardian ad litem as to any (a) decision not to recommend the appointment of counsel for the respondent, (b) determination that a less restrictive alternative to guardianship or conservatorship is not advisable, and (c) determination that appointment of a limited guardian or conservator is not appropriate.
D. A Any individual or entity with information,
records, or reports relevant to a guardianship or conservatorship proceeding,
including any (i) health care provider and, local school
division, or local department of social services; (ii) criminal justice
agency as that term is defined in §9.1-101, unless the disclosure of such
information, records, or reports would impede an ongoing criminal investigation
or proceeding; and (iii) financial institution as that term is defined in §
6.2-100, investment advisor as that term is defined in §13.1-501, or other
financial service provider shall disclose or make available to the guardian
ad litem, upon request, any information, records, and reports concerning the
respondent that the guardian ad litem determines necessary to perform his
duties under this section to the extent allowed under the Gramm-Leach-Bliley
Act (15 U.S.C. §6801 et seq.) and 12 U.S.C. §3403. The request from
the guardian ad litem shall be accompanied by a copy of the court order (a)
appointing the guardian ad litem for the respondent and (b) that allows the
release of the respondent's nonpublic personal information to the guardian ad
litem. All such information, records, and reports shall be provided to the
guardian ad litem at no charge. Disclosures, records, and reports can be
provided in electronic form to the guardian ad litem and may be accompanied by
a statement of expenses or an invoice, which shall be filed with the report of
the guardian ad litem to be considered by the court when awarding costs among
the parties pursuant to §64.2-2008. Absent gross negligence or willful
misconduct, the person or entity making disclosures, and their staff, shall be
immune from civil or criminal liability for providing information or records to
a court-appointed guardian ad litem pursuant to this section.
