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VA SB345
VA SB345Guardianship/conservatorship of incapacitated adult; right to request counsel right to a jury trial.
summary
Introduced
01/13/2026
01/13/2026
In Committee
02/18/2026
02/18/2026
Crossed Over
02/12/2026
02/12/2026
Passed
Dead
Introduced Session
2026 Regular Regular Session
Bill Summary
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.
AI Summary
This bill modifies existing law regarding the appointment of legal counsel for incapacitated adults in guardianship or conservatorship proceedings, which are legal processes where a court appoints someone to manage the affairs of a person deemed unable to do so themselves. Specifically, if an incapacitated person cannot communicate their needs, including the desire for a lawyer or a jury trial, an immediate family member or an agent acting under a power of attorney (a legal document granting someone authority to act on another's behalf) can request legal representation or a jury trial on their behalf, provided that family member or agent has officially joined the court case. The bill also clarifies that "immediate family member" includes specific relatives as defined in another section of the law.
Committee Categories
Budget and Finance, Justice
Sponsors (1)
Last Action
Continued to next session in Courts of Justice (Voice Vote) (on 03/02/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://lis.virginia.gov/bill-details/20261/SB345 |
| BillText | https://lis.virginia.gov/bill-details/20261/SB345/text/SB345HC1 |
| Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB345) | https://lis.blob.core.windows.net/files/1171961.PDF |
| BillText | https://lis.virginia.gov/bill-details/20261/SB345/text/SB345S1 |
| BillText | https://lis.virginia.gov/bill-details/20261/SB345/text/SB345SC1 |
| Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB345) | https://lis.blob.core.windows.net/files/1096064.PDF |
| BillText | https://lis.virginia.gov/bill-details/20261/SB345/text/SB345 |
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