Virginia

Guardianship Laws

Adult Guardianship Statute:

Va. Code Ann. §§ 64.2-2000 to -2120

State Legislation & Statutes:

Description: Requested the Secretary of Health and Human Resources to study supported decision-making for individuals with intellectual and developmental disabilities.
Status: Adopted 3/4/14
Public Link: http://lis.virginia.gov/cgi-bin/legp604.exe?141+sum+HJ190
The report is available at https://rga.lis.virginia.gov/Published/2015/HD6/PDF

Case Law & Court Orders:

Ross v. Hatch, No. CWF120000426P-03 (Va. Cir. Ct. 2013) (ordering a limited guardianship for one year only and use of supported decision-making)

NRC-SDM State Grantee Program:

None awarded

NRC-SDM Presentations:

October 2014: “Supported Decision-Making, with a focus on Policy and Practice Implications,” Virginia Department of Behavioral Health and Behavioral Services
October 2014: “Supported Decision-Making and Self-Determination for Older Adults,” Rotary Club of Dulles, VA
September 2015: “Supported Decision-Making for Older Adults,” Virginia Poverty Law Center
October 2015: “Supported Decision-Making as a Means of Increasing Self-Determination,” (plenary address), Peninsula Center for Independent Living
November 2015: “Supported Decision-Making in Special Education,” Virginia Education Law Task Force
June 2016: “Supported Decision-Making as an Alternative to Guardianship,” Children’s Hospital of the King’s Daughter Care Connection
September 2016: “Adult Guardianship and Supported Decision-Making: Research and Policy on Enhancing Self-Determination and Choice,” Virginia Tech Center for Gerontology

NRC-SDM Policy & Practice:

In 2015, NRC-SDM met with the Virginia Department of Behavioral Health and Developmental Services to discuss policy and practice advancements needed to increase self-determination and decrease over-reliance on guardianship.

Other Resources: