SB 345 Virginia Senate · 2026 Regular Session

Guardianship/conservatorship of incapacitated adult; right to request counsel, right to a jury trial.

Summary

Guardianship or conservatorship of incapacitated adult; right to request counsel; right to a jury trial. Provides that, upon the filing of a petition for the appointment of a guardian or conservator for an incapacitated person and where the incapacitated person is unable to communicate verbally, in writing, or with the assistance of any device to the extent that he is unable to request that he be represented by counsel or to have a jury trial, either an immediate family member of the incapacitated person or an agent under a power of attorney authorized to act on behalf of such incapacitated person, provided that such immediate family member or agent has become a party to the proceedings, may make such request on behalf of the incapacitated person.

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

Senate Passage

Feb 2026

House of Delegates Passage

Governor

Introduced Jan 13, 2026 Last action Mar 2, 2026

Maddy AI version diff · 2 comparisons

What changed between versions

Courts of Justice Substitute → Civil Subcommittee Substitute · 6 edits

MODERATE

The bill text was converted from a Senate Substitute to a House Substitute, changing the proposing committee from the Senate to the House. The substantive legal content regarding guardianship rights, the right to counsel, and the right to a jury trial remains unchanged, though the bill's scope was narrowed in the House version to only amend § 64.2-2006 (removing the jury trial provisions found in § 64.2-2007).

Scope change

The scope of the bill was narrowed; the House version only amends § 64.2-2006 regarding counsel, whereas the Senate version amended both § 64.2-2006 and § 64.2-2007 to include jury trial rights.

TECHNICAL

The bill type changed from 'Senate Substitute' to 'House Substitute', indicating it has moved to the House of Delegates for further consideration.

The proposing committee changed from the 'Senate Committee for Courts of Justice' to the 'House Committee for Courts of Justice'.

The bill description was shortened to only mention the right to request counsel, removing the reference to the right to a jury trial.

The bill number was updated from 26107128D to 26108689D.

The date of proposal was changed from a specific date in February 2026 to a blank placeholder for the House to fill in.

SCOPE

The bill's scope was reduced; the House version only amends § 64.2-2006 (counsel rights) and omits the amendment to § 64.2-2007 (jury trial rights) found in the Senate version.

Floor votes · Senate Feb 11, 2026

How they voted

39–0

Passed

Total votes 39

Feb 11, 2026

D Democratic20

20 Yea

100% Yea

R Republican19

19 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 19, 2026

Committee

Assigned HCJ sub: Civil

lower

Feb 18, 2026

Committee

Referred to Committee for Courts of Justice

lower

Feb 13, 2026

Upper · Passed

Read third time and passed Senate (39-Y 0-N 0-A)

upper

Feb 11, 2026

Upper · Passed

Passed by for the day Block Vote (Voice Vote)

upper

Feb 10, 2026

Upper · Passed

Reported from Finance and Appropriations (15-Y 0-N)

upper

Feb 4, 2026

Upper · Passed

Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (15-Y 0-N)

upper

Feb 4, 2026

Upper · Passed

Senate committee offered

upper

Jan 13, 2026

Committee

Referred to Committee for Courts of Justice

upper

1 primary · 0 co-sponsors