What does Preamble of Guardianship Bill of Rights Act of 2026 do?

This bill, formally titled 'To establish rights for people being considered for and in protective arrangements, including guardianships and conservatorships, or other arrangements, to provide decision supports,' aims to establish rights for individuals undergoing consideration for or participating in protective arrangements. The bill specifically addresses protective arrangements such as guardianships and conservatorships, as well as other similar arrangements. A stated purpose of the bill is to provide decision supports for individuals in these arrangements.

What does SHORT TITLE. of Guardianship Bill of Rights Act of 2026 do?

This bill is formally titled Guardianship Bill of Rights Act of 2026.

What does FINDINGS AND PURPOSE. of Guardianship Bill of Rights Act of 2026 do?

This section outlines findings regarding the prevalence and impact of guardianship and protective arrangements in the United States. It identifies that over 1.3 million people are in some form of guardianship or protective arrangement, and many of these are plenary, significantly restricting individual rights. The text emphasizes concerns about overbroad and unnecessary protective arrangements curtailing the rights of older adults and individuals with disabilities. It establishes a set of fundamental rights for individuals being considered for or in protective arrangements, including the right to explore less restrictive alternatives and supported decision-making. These rights include access to independent legal representation free from conflicts of interest, the ability to participate in decisions about their lives, and the right to review and discontinue arrangements. The Act aims to create a process to establish a bill of rights for individuals in guardianship, conservatorship, or supported decisionmaking arrangements. A key principle is ensuring these individuals have significant input into decisions and that their fundamental rights are protected.

What does DEFINITIONS. of Guardianship Bill of Rights Act of 2026 do?

This section defines key terms used throughout the Act. “Alternative arrangement” means an arrangement with support personnel that restricts fewer rights than a guardianship or conservatorship. “Assistive technology device” is defined according to the Assistive Technology Act of 1998. “Covered individual” includes older adults and people with disabilities. “Developmental disability” is defined according to the Developmental Disabilities Assistance and Bill of Rights Act of 2000. “Disability” is defined according to the Americans with Disabilities Act of 1990. “Guardianship” is a legal relationship established when an individual lacks the ability to meet essential requirements for physical health, safety, or self-care. “Indian Tribe” refers to entities eligible for funding under specific federal acts. “Limited guardianship” is a guardianship where the fiduciary’s power is defined and determined by the court. “Older adult” means an individual who is 60 years of age or older. “Plenary guardianship” is a guardianship where the fiduciary has the power to make all decisions allowed by state law. “Protective arrangement” includes arrangements with limited court orders or a guardianship/conservatorship. “Supported decisionmaking arrangement” is an agreement designed to assist an individual in understanding and making their own decisions.

What does GUARDIANSHIP AND OTHER PROTECTIVE ARRANGEMENTS AND SUPPORTED of Guardianship Bill of Rights Act of 2026 do?

This section establishes a Guardianship and Other Protective Arrangements and Supported Decisionmaking Council within the Department of Health and Human Services. The Council's primary duty is to advise the Secretary on developing standards related to guardianships, conservatorships, supported decisionmaking, and other alternative arrangements. The Council will develop a 'Guardianship Bill of Rights' addressing fundamental rights of individuals in protective arrangements, including rights related to voting, relationships, finances, education, health, religion, residency, visitation, travel, communication, and daily decisions. The Council will consist of 30 members, including individuals using supported decisionmaking, those in protective arrangements, family members, lawyers, judges, educators, healthcare professionals, and representatives from disability and aging organizations. The Council must submit initial and subsequent reports with recommendations on standards to the Secretary and relevant Congressional committees. Council members who are government employees will serve without additional compensation, and other members will serve voluntarily. The Council will terminate 10 years after its establishment.

What does STANDARDS FOR GUARDIANSHIPS, CONSERVATORSHIPS, AND ALTERNATIVE of Guardianship Bill of Rights Act of 2026 do?

This section directs the Secretary, through the Administrator of the Administration for Community Living, to develop standards for establishing, reviewing, modifying, and discontinuing protective arrangements, including guardianships and conservatorships. The standards must include procedures for modification or discontinuation of protective arrangements, guaranteed legal representation for the covered individual, and access to due process. The Secretary must also develop standards for supported decisionmaking and other alternative arrangements as default options to avoid guardianship. Standards are to be established for transitioning individuals from guardianship to alternative arrangements, including periodic reviews at least once a year. The Secretary is required to establish minimum standards for the establishment and review of protective arrangements, including health, medical, and financial well-being reviews. The standards developed under this section must be made available and accessible to various stakeholders, including covered individuals, family members, judges, and school personnel. States seeking funding under the Rehabilitation Act of 1973 and the Developmental Disabilities Assistance and Bill of Rights Act of 2000 must assure implementation and enforcement of these standards.

What does PROTECTION AND ADVOCACY PROGRAM FOR OVERSIGHT OF PROTECTIVE of Guardianship Bill of Rights Act of 2026 do?

This section amends the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to establish a Protection and Advocacy Program for Oversight of Protective Arrangements. The Secretary, through the Administrator for the Administration for Community Living, will establish this program to oversee state and local guardianships, conservatorships, and other protective arrangements. The Secretary will provide grants to protection and advocacy systems to establish or expand this oversight program. To receive a grant, states or tribes must have a protective arrangement oversight system in place to protect and advocate for individuals. This oversight system must have the authority to pursue legal remedies, provide legal representation, offer information and training, and investigate abuse related to protective arrangements. Grant funds cannot be used to provide legal representation for establishing or maintaining guardianships or conservatorships. Entities receiving grants must report on activities carried out through the program. The section authorizes $50,000,000 for fiscal year 2027 and subsequent years to carry out this section.

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Guardianship Bill of Rights Act of 2026

Last updated: 3/26/2026 · Introduced: 3/26/2026

Author: Tammy Duckworth (D-IL)

TL;DR (AI)

This bill establishes a Guardianship and Other Protective Arrangements and Supported Decisionmaking Council to develop a 'Guardianship Bill of Rights' outlining fundamental rights for individuals in protective arrangements, including rights related to voting, relationships, and healthcare.
The bill directs the Secretary of Health and Human Services to develop standards for establishing, reviewing, modifying, and discontinuing protective arrangements, prioritizing supported decisionmaking and alternative arrangements over guardianship.
It amends the Developmental Disabilities Assistance and Bill of Rights Act to create a Protection and Advocacy Program for Oversight of Protective Arrangements, providing grants to states and tribes for oversight systems.
States seeking funding under specific federal acts must assure implementation and enforcement of the new guardianship standards to be eligible for those funds.
The bill requires periodic reviews of protective arrangements, including health, medical, and financial well-being assessments, to ensure they remain necessary and appropriate.

119th Congressin committeeOfficial page

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Includes provisions on preamble, short title., and 5 more.

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