Annual Survey of Virginia Law: Reform of Adult Guardianship Law

The past two years have been especially significant for those subject to or involved in Virginia's system for providing court-appointed fiduciaries for incapacitated adults. Major legislation enacted in the 1997 Session of the Virginia General Assembly substantially reformed, clarified and restated the statutory system. Generally, the 1997 legislation became effective January 1, 1998. Further changes and refinements were made in the 1998 Session.

The new system is more rational, coherent, unified and sensitive to the needs and rights of incapacitated adults than the system it replaces.