SB 765

Abstract

Incapacitated persons; finding of mental incompetence. Provides that a finding that a person is incapacitated in a proceeding for guardianship or conservatorship shall not be synonymous with a finding that such person is \\"mentally incompetent,\\" as such term is used in relevant law, and therefore not qualified to vote in accordance with the provisions of the Constitution of Virginia. The bill requires a court to make a finding of mental incompetence by clear and convincing evidence that the person is unable to communicate, with or without accommodations, an interest in participating in the voting process. The bill applies to findings of mental incompetence made on or after July 1, 2025, and allows for individuals who were deemed mentally incompetent prior to July 1, 2025, to file a petition for a court to review such determination in accordance with the provisions of the bill. This bill is a recommendation of the Disability Commission.

A BILL to amend and reenact §§ 24.2-232, 64.2-2000, 64.2-2009, and 64.2-2009.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 64.2-2009.2, relating to incapacitated persons; finding of mental incompetence.