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2020 Session

Budget Amendments - HB30 (Member Request)

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Chief Patron: Murphy
HB 841 - Guardianship Proceedings

Item 344 #2h

Item 344 #2h

 First Year - FY2021 Second Year - FY2022
Health and Human Resources
Department for Aging and Rehabilitative Services FY2021 $50,000 FY2022 $50,000 GF

Language
Page 349, line 15, strike "$7,290,421" and insert "$7,340,421".
 Page 349, line 15, strike "$7,290,421" and insert "$7,340,421".

Explanation

(This amendment provides $50,000 each year from the general fund to support the fiscal impact of House Bill 841, which provides that a court shall appoint counsel for a respondent upon the filing of a petition seeking guardianship if the respondent is not represented by counsel, which is currently discretionary. The bill further provides that, except for good cause shown, a respondent shall be present at a hearing and given an opportunity to be heard on a petition to appoint a guardian and at all other stages of the guardianship proceedings. Under current law, the respondent shall be present if he requests to be present or if his presence is requested by the guardian ad litem. The bill further provides that a court shall require a petitioner to pay or reimburse the respondent's costs and fees if the court finds that the petitioner initiated a guardianship proceeding in bad faith or not for the benefit of the respondent and prohibits a petitioner from initiating any other guardianship or conservatorship proceeding. Under current law, payment or reimbursement is discretionary. The bill further requires that a petitioner certify in the petition for appointment as guardian, conservator, or both that he has notified certain relatives of the respondent of his intent to petition the court to act as such guardian, conservator, or both, and that such relatives have waived their right to serve in such a capacity and instead designate such petitioner to serve in such a capacity. Funding would provide support for the Virginia Public Guardian and Conservator Program through the Department for Aging and Rehabilitative Services.)

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