Written by Lucy Beadnell of The Arc of Northern Virginia and Helena Berger of REV UP Virginia (originally posted May 14, 2026; updated June 1, 2026)
Historically in Virginia, if a guardian was proposed and appointed for someone with a disability, voting rights were removed unless an argument was made to keep them. As of July 1, 2026, the law is changing. Now when a guardian is appointed, voting rights will be kept unless an explanation is given to the Court on why they need to be removed.
If your voting rights have been removed, you can work with an attorney to file a petition with the court to get them back, or file a layperson’s petition to do this. (This is not a new law.)
The new guardianship law is a direct result of a REV UP Virginia coalition meeting with state Senator Barbara Favola in 2024. At the time, Senator Favola was chair of the Virginia Disability Commission. Senator Favola introduced guardianship and voting rights legislation in 2025. The bill passed in both the House of Delegates and Senate, but Governor Youngkin did not sign it into law. Senator Favola reintroduced the legislation in 2026. Once again, the bill was passed by both chambers, and Governor Spanberger signed it into law on April 8, 2026.
Do you have questions about the new law?
Ask The Arc of Northern Virginia
Ask disAbility Law Center of Virginia
See the new law
You can find a PDF of the text in this post here.
Partners in this post include The Arc of Northern Virginia, REV UP Virginia, disAbility Law Center of Virginia, and League of Women Voters of Virginia.
