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Adult Guardianship Reform

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Requests in the 1997 Legislative Platform

The Alzheimer’s Association supports and endorses revisions in the Virginia Code that would replace the three often confusing authorities for guardianship with a single authority based on an individual’s incapacity to meet essential requirements of health, care and safety.

Background:

Although never a first alternative, an Alzheimer’s patient may become a ward under Virginia Guardianship law and therefore reform in the Virginia Code guardianship provisions directly affect Alzheimer’s disease patients and their families. The Virginia Guardianship Association and the Virginia Bar Association have advanced a proposal to revise the Virginia Code sections on adult guardianship. This proposal was introduced in the 1996 General Assembly as Senate Bill 408, which was carried over for consideration in 1997. The bill proposes to consolidate scattered guardianship Code, provide procedural uniformity, protect critical rights of vulnerable people and clarify every party’s rights and responsibilities. A uniform Code section and guardianship authority may reduce costs to the potential ward.

The Association endorses changes in the law that would: (1) require a guardian to report on the personal welfare and financial status of the incapacitated person; (2) clarify the responsibilities of the guardian ad litem; (3) specify petition and notice requirements and clarify the medical evaluation procedure; (4) follow the Uniform Probate Code in setting out the separate duties and authorities of a guardian (of the person) and a conservator (of the property); (5) provide educational materials for guardians and emphasize limited guardianship and use of the least restrictive alternatives available.

For too long, guardianship statutes have focused exclusively on the ward’s financial status, failing to consider the personal status and well being of the ward. Revision of the Code to rectify that disparity would appreciably benefit Alzheimer’s patients under the guardianship of a ward.

For more information, please read the Issue Brief page and the Legislative Updates page.

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Last updated: December 12, 1997

Please return to https://www.alz-nova.org or
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© 1997 - 2001 Alzheimer's Association of the National Capital Area. All rights reserved.

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