The 2016 Virginia General Assembly enacted legislation, signed into law by the Governor, affecting elder law. Two changes of note are the following:
1. Assisted living facilities now are not required to provide hospice care to their residents, provided there is a disclosure statement signed by the prospective resident prior to admission. Thus, facilities that choose not to provide hospice care will likely see less demand as prospective residents and their families seek alternative homes.
2. Guardians now must allow an incapacitated person to continue to communicate, visit and interact with persons with whom the incapacitated person has an established relationship. The law is intended to prevent the Guardian from unduly controlling the incapacitated person. What constitutes an "established relationship" will likely be subject to some question as this law is tested.