VirginiaHB11192026 Regular SessionHouseWALLET

Guardianship; copy of appointment, termination, or modification order.

Sponsored By: May Nivar (Democratic)

Became Law

Summary

Guardianship; copy of appointment, termination, or modification order; Department of Medical Assistance Services. Removes the requirement of a clerk of court in a guardianship proceeding to forward a copy of an order appointing a guardian and a copy of the certificate of qualification to the Department of Medical Assistance Services. The bill further removes such a forwarding requirement when a guardianship is terminated or otherwise modified. This bill is identical to SB 216.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 4 benefits, 0 costs, 1 mixed.

Guardians’ and conservators’ powers are limited

A conservator can use only the powers needed to do the job and allowed by law, and only as limited by the court’s order. A guardian can use only the powers the court lists in the order. These limits protect the person under guardianship.

Use the court certificate with businesses

When you show a current certificate of qualification, people and businesses can rely on it unless the court order limits your powers. They must accept or reject the certificate within seven business days. They may refuse only for listed reasons, like conflicts with law, known termination, belief the certificate is invalid, or fear of financial exploitation. If someone wrongfully refuses, a court can order acceptance and make them pay your reasonable attorney fees and costs.

Clerks send orders to agencies fast

The judge files, and the clerk records, findings of incapacity or restoration and orders appointing, ending, or changing a guardian or conservator by the close of the next business day. The clerk indexes the record and quickly notifies Behavioral Health, the commissioner of accounts, and the Commissioner of Elections. When a guardian is appointed, the clerk also sends the order and qualification certificate to local social services and the order to the state Medicaid agency. When a guardianship ends or changes, the clerk sends those orders to local social services and the Medicaid agency.

Court orders sent for gun checks

By the next business day, the clerk sends orders that find a person incapacitated, appoint a guardian or conservator, or restore capacity to the Central Criminal Records Exchange. These records stay confidential and are used only to decide if someone may possess, buy, or transfer a firearm, unless another law allows use.

Qualify and record for guardians and conservators

If a court appoints you, you must qualify at the clerk’s office. You take an oath, post any bond the court sets (no surety for guardians; a conservator’s bond may need surety), and accept any court education in writing. After you qualify, the clerk issues a certificate with the order and records the order like a power of attorney, and sends a copy to the commissioner of accounts. If you are a conservator with power to sell real estate, you must record the order in each county or city where the person owns property. These steps create clear proof of your authority but can include bond costs.

Sponsors & Cosponsors

Sponsor

  • May Nivar

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 221 • No: 0

Senate vote 2/23/2026

Passed Senate Block Vote

Yes: 38 • No: 0

Senate vote 2/20/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 2/20/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/18/2026

Reported from Courts of Justice Block Vote

Yes: 13 • No: 0

House vote 2/10/2026

Read third time and passed House Block Vote

Yes: 98 • No: 0

House vote 2/4/2026

Reported from Courts of Justice

Yes: 22 • No: 0

House vote 2/2/2026

Subcommittee recommends reporting

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0265)

    4/6/2026Governor
  2. Approved by Governor-Chapter 265 (effective 7/1/2026)

    4/6/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB1119)

    2/25/2026House
  6. Bill text as passed House and Senate (HB1119ER)

    2/25/2026House
  7. Enrolled

    2/25/2026House
  8. Signed by President

    2/25/2026Senate
  9. Signed by Speaker

    2/25/2026House
  10. Passed Senate Block Vote (38-Y 0-N 0-A)

    2/23/2026Senate
  11. Read third time

    2/23/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    2/20/2026Senate
  13. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    2/20/2026Senate
  14. Rules suspended

    2/20/2026Senate
  15. Reported from Courts of Justice Block Vote (13-Y 0-N)

    2/18/2026Senate
  16. Referred to Committee for Courts of Justice

    2/11/2026Senate
  17. Constitutional reading dispensed (on 1st reading)

    2/11/2026Senate
  18. Read third time and passed House Block Vote (98-Y 0-N 0-A)

    2/10/2026House
  19. Read second time and engrossed

    2/9/2026House
  20. Read first time

    2/6/2026House
  21. Reported from Courts of Justice (22-Y 0-N)

    2/4/2026House
  22. Subcommittee recommends reporting (10-Y 0-N)

    2/2/2026House
  23. Assigned HCJ sub: Civil

    1/29/2026House
  24. Fiscal Impact Statement from Department of Planning and Budget (HB1119)

    1/22/2026House
  25. Referred to Committee for Courts of Justice

    1/14/2026House

Bill Text

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