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2016 SESSION
16104562DBe it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 64.2-2019.1 as follows:
§ 64.2-2019.1. Communication between incapacitated person and others.
A. An incapacitated person for whom a guardian has been appointed or a power of attorney executed has the right of communication, visitation, or interaction with other persons whom the incapacitated person has expressed a desire to communicate with, visit, or interact with. If the incapacitated person is unable to express such a desire because of a physical or mental condition, it may be presumed by the guardian, agent under a power of attorney, or court on the basis of the incapacitated person's prior relationship with such person.
B. [ Absent a court
order, a guardian or agent under a power of attorney may not restrict an
incapacitated person's right of communication, visitation, or interaction with
other persons whom the incapacitated person has expressed a desire to
communicate with, visit, or interact with. However, a guardian may petition the
court for permission to restrict the incapacitated person's right to such
communication, visitation, or interaction. Such petition shall be deemed a
petition to expand the scope of the guardianship pursuant to § 64.2-2012.
C. Notwithstanding subsection B, a guardian may
impose reasonable time, place, and manner restrictions on the incapacitated
person's communication, visitation, and interaction with other persons. The
incapacitated person may challenge the reasonableness of such time, place, and
manner restrictions by petitioning the court for relief pursuant to §
64.2-2012. At a hearing upon such petition, the burden shall be on the guardian
to prove the reasonableness of the challenged time, place, or manner
restrictions by a preponderance of the evidence. Any person whom the
incapacitated person has expressed an interest in communicating with, visiting,
or interacting with, or a family member of the incapacitated person who wishes
to communicate with, visit, or interact with the incapacitated person, may also
challenge the reasonableness of such time, place, and manner restrictions
imposed by the guardian on the incapacitated person's right to communicate
with, visit, or interact with such person.
D. ] Under no circumstances
shall a guardian or agent under a power of attorney restrict an incapacitated
person's right to speak privately with his attorney, an ombudsman, or a
representative of the protection and advocacy entity established pursuant to §
51.5-39.13.