Virginia
Overview
Guardianship Laws
Va. Code Ann. §§ 64.2-2000 to -2120
Supported Decision-Making
Supported Decision-Making Statute
- Anti-Discrimination in Organ Transplants (includes SDM):
- Va. Code Ann. § 32.1-297.2 and 38.2-3418.19 (2020).
Links to Virginia Code sections:- law.lis.virginia.gov/vacode/32.1-297.2/
- law.lis.virginia.gov/vacode/title38.2/chapter34/section38.2-3418.19/
- Va. Code Ann. § 32.1-297.2 and 38.2-3418.19 (2020).
State Legislation
- S.B. 585, Va. 2020 Sess. (Va. 2020)
- Description: Introduced version would have included an “SDM Act,” including, among other things, SDM Agreement provisions for adults with intellectual or developmental disabilities. The substituted version removed that language and required the Department of Behavioral Health and Developmental Services to convene a group of stakehulders to study the use of SDM agreements in the Commonwealth, including making recommendations as to the use of SDM as a less restrictive alternative to the appointment of a guardian or conservator for an incapacitated person.
- Status: Enacted, signed by Governor 4/07/2020
- Public Link: [https://lis.virginia.gov/cgi-bin/legp604.exe?ses=201&typ=bil&val=sb585]
- S.B. 846, Va. 2020 Sess. (VA. 2020)
- Description: Prohibits discrimination against people based on certain disabilities in the medical context of organ transplantation and identifies SDM services as auxiliary aids and services.
- Status: Enacted, signed by Governor 3/10/2020
- Public Link: [lis.virginia.gov/cgi-bin/legp604.exe?ses=201&typ=bil&val=SB846]
- H.B. 1273, Va. 2020 Sess. (Va. 2020)
- Description: Prohibits discrimination against people based on certain disabilities in the medical context of organ transplantation and identifies SDM services as auxiliary aids and services.
- Status: Enacted, signed by Governor 3/10/2020
- Public Link: [lis.virginia.gov/cgi-bin/legp604.exe?ses=201&typ=bil&val=HB1273]
- H.J.R. Res. 190, 2014 Leg., Reg. Sess. (Va. 2014)
- 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: [lis.virginia.gov/cgi-bin/legp604.exe?141+sum+HJ190]
- The report [rga.lis.virginia.gov/Published/2015/HD6/PDF]
- H.B. 2230, 2021, 1st Spec. Sess.
- Description: Directs the Dep’t of Behavioral Health & Developmental Services to develop & implement a plan to educate individuals & supporters about SMDAs. Plan due annually by Nov 1, 2021.
- Status: Passed on 03/18/2021
- Public Link: [lis.virginia.gov/cgi-bin/legp604.exe?212+sum+HB2230]
- H.B. 1321, Va. 2020 Sess. (Va. 2020)
- Description: Would formally recognize SDM and SDM agreements for adults with intellectual or developmental disabilities.
- Status: Failed – Sine Die. Died in Health, Welfare and Institutions committee 12/4/2020.
- Public Link: [lis.virginia.gov/cgi-bin/legp604.exe?ses=201&typ=bil&val=HB1321]
- S.B. 352, Va. 2020 Sess. (Va. 2020)
- Description: Would require guardian ad litem reports to, among other things, address whether a SDM Agreement is a viable option in lieu of guardianship or conservatorship. Defines SDM Agreement as being to support adults with intellectual and developmental disabilities.
- Status: Failed – Sine Die. Last Action: Health, Welfare and Institutions committee on 12/4/2020.
- Public Link: [lis.virginia.gov/cgi-bin/legp604.exe?ses=201&typ=bil&val=SB352]
- H.J.R. 729, Va. 2019 Sess. (Va. 2019)
- Description: Requesting the Secretary of Health and Human Resources to study Supported Decision-Making for individuals with intellectual and developmental disabilities
- Status: Failed – Left in House Rules Committee on February 5, 2019
- Public Link: [lis.virginia.gov/cgi-bin/legp604.exe?ses=191&typ=bil&val=hj729]
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)
State Grant Programs
None awarded
Other Resources
- disABILITY Law Center Web Resource List
Link: dlcv.org/wp-content/uploads/2017/10/Web-Resources-on-Supported-Decision-Making-Fact-Sheet-September-2017.pdf - Fact Sheet: Supported Decision-Making fact sheet, Virginia Department of Education, Virginia Intercommunity Transition Council
Link: www.doe.virginia.gov/special_ed/transition_svcs/va_intercommunity_transition_council/fact_sheets/supported_decision_making.pdf - Website & Resource List: The Arc of Virginia, Decision Making and Future Planning
Link: https://www.thearcofva.org/supported-decision-making - Video, Webinar: The Arc of Virginia Workshop Series: Supported Decision Making
Link: https://thearcofnova.org/programs/info-referral/workshop-series-sdm/ - PowerPoint: Joint Commission on Health Care, VA, Supported Decision Making
Link: http://jchc.virginia.gov/Supported%20Decision%20Making.pdf - Article: Bell bill aimed at educating on use of supported decision-making passes House, The Daily Progress
Link: https://dailyprogress.com/news/state-and-regional/govt-and-pulitics/bell-bill-aimed-at-educating-on-use-of-supported-decision-making-passes-house/article_5dae6ece-680c-11eb-9c02-ef4fbbc871a9.html - Website & Resource List: Virginia Legal Aid Society
Link: http://vlas.org/special-programs/ask-advocating-for-special-kids/guardianship/
Information Last Updated: July 21, 2022