Virginia
Overview
Virginia passed a supported decision-making statute in 2020. We are aware of one case in Virginia in which a judge ordered a limited guardianship for one year only and use of supported decision-making.
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)
State Legislation
- Va. Code Ann. § 32.1-297.2 and Va. Code Ann. § 38.2-3418.19
- Description: Anti-discrimination in organ transplants (includes SDM).
- VA Stat. § 37.2-314.3
- Description: Defines the powers and duties of the Department of Behavioral Health and Developmental Services related to supported decision making agreements, including developing and implementing a program to educate individuals with intellectual and developmental disabilities, their families, and others regarding the availability of supported decision-making agreements, the process by which an individual may enter into a supported decision-making agreement, and the subsequent rights and responsibilities.
- Effective: July 1, 2021.
- 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 November 1.
- Status: Enacted on March 18, 2021.
None found
- 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.
- 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.
- 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
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
- Supported Decision-Making fact sheet, Virginia Department of Education, Virginia Intercommunity Transition Council
- Website & Resource List: The Arc of Virginia, Decision Making and Future Planning
- Video, Webinar: The Arc of Virginia Workshop Series: Supported Decision Making
- PowerPoint: Joint Commission on Health Care, VA, Supported Decision Making
- Article: Bell bill aimed at educating on use of supported decision-making passes House, The Daily Progress
Information Last Updated: January 25, 2025