In the 2024 legislative session, the Virginia General Assembly has a training requirement for guardians of incapacitated adults. It will be a course relating to the duties of guardians, what information the annual reports should contain, and facilitating the incapacitated adult’s participation in decisionmaking. This requirement will apply immediately for guardians appointed on or after July 1, 2025. For existing guardianships, this course will have to be completed by January 1, 2027.
The course has not yet been developed by the Virginia Department of Aging and Rehabilitative Services and I do not have information on when they will finish writing it or how guardians will be able to take the course. The course only needs to be taken once, but a certification regarding whether the guardian has taken the course will be required on every annual report. If someone is a guardian of more than one person (which could be familial or professional), they will not need to take the course again if the previous course was completed within the prior 36 months. The legislation anticipates that for attorneys the course will be eligible for Continuing Legal Education credit.
If you are looking for more information, you can read the full text in Senate Bill 291 (2024 Session), in its final form in Chapter 587 of the Acts of Assembly - 2024 Session.
Virginia attorney Jonathan A. Nelson uses his extensive legal knowledge and trial experience to resolve conflicts, negotiate settlements, navigate compliance matters, and vigorously advocate in the courtroom in order to achieve the best possible outcomes for his clients. He practices in estate planning, probate, trust and estate administration, corporate law, and civil litigation related to these fields.
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