VirginiaFamily members may request lawyers or juries in guardianship cases
In Virginia guardianship cases, a family member or authorized agent may ask for a lawyer or jury for an adult who cannot make the request, subject to court and case requirements.
What it does
If an adult named in a guardianship or conservatorship case cannot ask for a lawyer, a family member or authorized agent who is a party may ask the court to appoint one. The court must find a lawyer is needed to protect the adult’s interests.
If an adult named in a guardianship or conservatorship case cannot ask for a jury, a family member or authorized agent may request one on the adult’s behalf, subject to the case’s party requirement.
Argument forA family member or authorized agent could ask for a lawyer or jury for an adult unable to make the request, helping that adult take part in the case.
Argument againstA court could decide a lawyer is not needed, so an adult who cannot ask for one may go without counsel even after a family member or agent asks.
More detail
The court may appoint a lawyer for the respondent after a qualifying person asks. This applies to an adult named in a petition for a guardian or conservator. The respondent must be unable to communicate well enough to ask for a lawyer. The family member or agent asking must be a party to the case, and the court must find a lawyer is needed to protect the respondent’s interests. The court may appoint a lawyer after the petition is filed and before it enters an order.
A qualifying family member or authorized agent may request a jury trial for the respondent. This applies to an adult named in a petition for a guardian or conservator. The respondent must be unable to communicate well enough to request a jury trial. The request must meet the text’s party requirement: the immediate family member or the respondent must have become a party to the case.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 21Continued from last sessionLatest
- Mar 2Continued to next session in Courts of Justice (Voice Vote)
- Feb 25Subcommittee recommends reporting with substitute (8-Y 1-N)Major
- Feb 23Fiscal Impact Statement from Department of Planning and Budget (SB345)
- Feb 19Assigned HCJ sub: CivilMinor
- Feb 18Referred to Committee for Courts of JusticeMinor
- Feb 18Read first timeMinor
- Feb 18Placed on Calendar
- Feb 13Read third time and passed Senate (39-Y 0-N 0-A)Passed Senate
- Feb 12Engrossed by Senate - committee substitute Block Vote (Voice Vote)Major
- Feb 12Courts of Justice Substitute agreed toMajor
- Feb 12Read second timeMinor
- Feb 11Passed by for the day Block Vote (Voice Vote)
- Feb 11Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)
- Feb 11Rules suspended
- Feb 10Reported from Finance and Appropriations (15-Y 0-N)Minor
- Feb 6Committee substitute printed 26107128D-S1Major
- Feb 4Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (15-Y 0-N)Minor
- Feb 4Senate committee offered
- Jan 23Fiscal Impact Statement from Department of Planning and Budget (SB345)
- Jan 13Referred to Committee for Courts of JusticeMinor
- Jan 13Prefiled and ordered printed; Offered 01-14-2026 26100750DIntroduced