VA considers a law permitting respondent’s family or agent to request counsel

In 2026, the Virginia legislature considered SB 345, a bill that would have added a provision to Section 64.2-2006 to allow an adult guardianship respondent’s immediate family member or recognized agent (who has become party to the action) to make request for appointment of legal counsel if the respondent is not represented and is unable to make the request (at which point appointment of counsel is discretionary just as it is even when the respondent makes the request):

Where the respondent is unable to communicate verbally, in writing, or with the assistance of any device to the extent that he is incapable of receiving and evaluating information effectively or responding to people, events, or environments and is therefore unable to request that he be represented by counsel, the court may upon the request of (i) the respondent’s immediate family member or (ii) an agent under a power of attorney authorized to act on behalf of the respondent, provided that such family member or agent has become a party to the proceedings in accordance with subsection D of § 64.2-2004, appoint counsel for the respondent. In making such determination, the court shall consider whether the guardian ad litem has made the recommendation that no counsel for the respondent be appointed in his report as required by § 64.2-2003.

Request requirements, while unfortunately not rare, are problematic. To learn more about the right to counsel in guardianship cases generally, check out 2025-2026 Right to Counsel in Guardianship Cases Overview.  To read more about the possible ramifications of the request requirement, see Report finds counsel infrequently appointed in guardianship cases despite RTC.