VirginiaSB2162026 Regular SessionSenate

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

Sponsored By: Jennifer B. Boysko (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 HB 1119.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Guardians and conservators: qualification and powers

If a Virginia court names you guardian or conservator, you must qualify with the clerk. You must take an oath, post a bond, and sign that you received court education materials. A guardian’s bond needs no surety; a conservator’s bond can be with or without surety as the court orders. After you qualify, the clerk issues a certificate and attaches the court order, records the order like a power of attorney, and sends a copy to the Commissioner of Accounts. If a guardian is appointed, the clerk also sends the order and certificate to the local social services office where the person lives and to the Department of Medical Assistance Services. If a conservator may sell real estate, the conservator must record the order where the person owns property. A conservator has the powers needed to do the job unless the court limits them. A guardian only has the powers the court lists.

Faster acceptance of guardianship certificates

Banks and businesses can rely on a current certificate of qualification shown by a guardian or conservator. They must accept or reject the certificate within seven business days. If they wrongly refuse a valid certificate, a court can order acceptance and make them pay reasonable attorney fees and costs. Refusal is allowed only if the deal would break state or federal law, they know the authority ended, they in good faith believe the certificate is invalid or the fiduciary lacks authority, or they in good faith believe the deal may be financial exploitation. The reliance rule does not cover actions the court order limits.

Sponsors & Cosponsors

Sponsor

  • Jennifer B. Boysko

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 212 • No: 0

House vote 2/23/2026

Passed House Block Vote

Yes: 97 • No: 0

House vote 2/18/2026

Reported from Courts of Justice

Yes: 22 • No: 0

Senate vote 1/27/2026

Read third time and passed Senate Block Vote

Yes: 39 • No: 0

Senate vote 1/26/2026

Engrossed by Senate Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/23/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 39 • No: 0

Senate vote 1/23/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/21/2026

Reported from Courts of Justice

Yes: 15 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0266)

    4/6/2026Governor
  2. Approved by Governor-Chapter 266 (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

    3/10/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB216)

    2/25/2026Senate
  6. Bill text as passed Senate and House (SB216ER)

    2/24/2026Senate
  7. Enrolled

    2/24/2026Senate
  8. Signed by President

    2/24/2026Senate
  9. Signed by Speaker

    2/24/2026House
  10. Passed House Block Vote (97-Y 0-N 0-A)

    2/23/2026House
  11. Read third time

    2/23/2026House
  12. Read second time

    2/20/2026House
  13. Reported from Courts of Justice (22-Y 0-N)

    2/18/2026House
  14. Referred to Committee for Courts of Justice

    2/3/2026House
  15. Read first time

    2/3/2026House
  16. Placed on Calendar

    2/3/2026House
  17. Read third time and passed Senate Block Vote (39-Y 0-N 0-A)

    1/27/2026Senate
  18. Engrossed by Senate Block Vote (Voice Vote)

    1/26/2026Senate
  19. Engrossed by Senate

    1/26/2026Senate
  20. Read second time

    1/26/2026Senate
  21. Passed by for the day Block Vote (Voice Vote)

    1/23/2026Senate
  22. Constitutional reading dispensed Block Vote (on 1st reading) (39-Y 0-N 0-A)

    1/23/2026Senate
  23. Passed by for the day

    1/23/2026Senate
  24. Rules suspended

    1/23/2026Senate
  25. Reported from Courts of Justice (15-Y 0-N)

    1/21/2026Senate

Bill Text

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