,,ii #aafth ,,congress #ast ,session ,s4 #eia ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bg1 #bjai,ms4 ,collins 7for herself and ,mr4 ,casey7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to assist ,states in improving guardianship oversight and data collection4 #a4 ,short title ,this ,act may be cited as the ,guardianship ,accountability ,act of #bjai4 #b4 ,findings2 purposes 7a7 ,findings ,congress finds the following3 7#a7 ,an estimated #a1cjj1jjj adults and approximately #ej1jjj1jjj1jjj in assets are under the care of guardians in the ,united ,states4 7#b7 ,most guardians are selfless1 dedicated individuals who play an important role in safeguarding individuals in need of support4 ,however1 unscrupulous guardians acting with little oversight have used guardianship proceedings to obtain control of individuals in need of support4 7#c7 ,once a guardianship is imposed1 there are often few safeguards in place to protect against individuals who choose to abuse the system and few states are able to report accurate or detailed guardianship data4 7#d7 ,a full guardianship order may remove more rights than necessary and may not be the best means of providing support and protection to an individual4 ,if individuals subject to guardianship regain capacity1 all or some rights should be quickly and efficiently restored4 7#e7 ,states should encourage courts to use alternatives to guardianship through ,state statutes1 including the adoption of the ,uniform ,guardianship1 ,conservatorship1 and ,other ,protective ,arrangements ,act1 to ensure better protections and control for individuals being considered for guardianship and those pursuing a restoration of their rights4 7#f7 ,a national resource center on guardianship is needed to collect and publish information for the benefit of courts1 policy makers1 individuals subject to guardianship1 guardians1 community organizations1 and other stakeholders4 7b7 ,purposes ,the purposes of this ,act are to help ,states improve guardianship oversight and data collection by-- 7#a7 designating a ,national ,online ,resource ,center on ,guardianship2 7#b7 authorize grants for the purpose of developing ,state ,guardianship ,databases2 and 7#c7 establishing procedures for sharing background check information related to appointed guardians with other jurisdictions4 #c4 ,definitions ,in this ,act3 7#a7 ,elder justice coordinating council ,the term ,elder ,justice ,coordinating ,council means the ,council established under section #bjba of the ,social ,security ,act 7#db ,u4,s4,c4 #acigk74 7#b7 ,guardianship ,the term guardianship means a legal relationship established by a court when a person is determined to lack the ability to meet essential requirements for physical health1 safety1 or self-care because the person is unable to receive and evaluate information or make or communicate decisions about their person or property1 even with appropriate supportive services1 technological assistance1 supported decision making1 or other less restrictive alternatives4 7#c7 ,individuals subject to guardianship ,the term individuals subject to guardianship means any individual #ah years or older placed under a guardianship4 #d4 ,national ,online ,resource ,center on ,guardianship 7a7 ,designation ,the ,elder ,justice ,coordinating ,council shall establish a ,national ,online ,resource ,center on ,guardianship 7referred to in this section as the ,center74 7b7 ,the ,national ,online ,resource ,center on ,guardianship ,the ,national ,online ,resource ,center shall-- 7#a7 collect and publish information for use by individuals subject to guardianship1 guardians1 courts1 ,state and local governments1 and community organizations2 7#b7 post model standards1 best practices1 and guidelines for the appointment and regulation of guardianship cases developed under section #eje of the ,elder ,abuse ,prevention and ,prosecution ,act 7#cd ,u4,s4,c4 #bageb72 7#c7 promote the use of less restrictive alternatives to guardianship and the restoration of rights of individuals subject to guardianship2 7#d7 annually compile and publish a summary of recently conducted research on guardianship systems1 including information from agencies across the government2 7#e7 collect data from ,states regarding-- 7,a7 the number of individuals subject to guardianship2 7,b7 the duration of guardianships2 7,c7 whether the authority granted to guardians is classified as-- 7i7 full guardianship2 7ii7 limited guardianship2 7iii7 emergency or temporary guardianship2 or 7iv7 a less restrictive alternative to guardianship2 7,d7 the amount of financial assets under guardianship2 and 7,e7 whether an appointed guardian is classified as a-- 7i7 family or other nonprofessional guardian2 7ii7 private or professional guardian or guardianship agencies2 or 7iii7 public guardian2 7#f7 maintain a public1 national database on ,state laws regarding guardianship and less restrictive alternatives to guardianship1 including requirements for the-- 7,a7 use of least restrictive alternative2 7,b7 regular filing and documentation by appointed guardians2 7,c7 oversight of appointed guardians2 7,d7 restoration of rights of individuals subject to guardianship2 and 7,e7 oversight of potential conflicts of interest among individuals and organizations involved in guardianship applications1 appointments1 and oversight2 7#g7 identify issues relating to guardianship and provide and publish annual recommendations to ,states and ,congress to address identified problems2 7#h7 collect and analyze best practices relating to guardianship1 and publish a report of such best practices1 including model guidelines and standards for-- 7,a7 ensuring appropriate representation and protection of legal rights for individuals subject to guardianship and guardianship proceedings2 7,b7 conducting background check investigations on prospective and appointed guardians2 7,c7 promoting the use of less restrictive alternatives to guardianship2 7,d7 obtaining restoration of all or some rights2 7,e7 implementing oversight programs2 and 7,f7 responding to abuse1 neglect1 and exploitation2 7#i7 compile and publish training materials for court appointed guardians related to duties and obligations1 as well as ways in which to effectively support individuals subject to guardianship2 7#aj7 facilitate ,state collection of guardianship information and the sharing of such information among ,states2 and 7#aa7 carry out other activities1 as determined by the ,elder ,justice ,coordinating ,council4 7c7 ,consideration ,in developing the ,center1 the ,elder ,justice ,coordinating ,council shall take into account diverse stakeholder views1 including those of individuals and organizations representing people with disabilities1 older adults1 family members1 court-stakeholder partnerships and others1 as well as available literature developed through academic or other research institutions4 #e4 ,state guardianship databases ,section #bjdb7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acigm-#a7;c77 is amended-- 7#a7 in paragraph 7#a71 by striking paragraph 7#b77;,e7 and inserting subparagraphs 7,e71 7,f71 7,g71 and 7,h7 of paragraph 7#b72 7#b7 in paragraph 7#b7-- 7,a7 in the matter preceding subparagraph 7,a7-- 7i7 by striking ,funds and inserting ,subject to paragraph 7#g71 funds2 and 7ii7 by striking subparagraph 7,e7 and inserting subparagraphs 7,e71 7,f71 7,g71 and 7,h72 7,b7 in subparagraph 7,e71 by striking or at the end2 7,c7 by redesignating subparagraph 7,f7 as subparagraph 7,i72 and 7,d7 by inserting after subparagraph 7,e7 the following new paragraphs3 7,f7 methods to assess ,state guardianship statistics such as the creation of ,state databases to collect information about the number and characteristics of guardianship arrangements1 guardians1 and individuals subject to guardianship2 7,g7 the use of trained court visitors to improve court administration of guardianship arrangements1 including the appointment and oversight of guardians2 7,h7 methods for collecting1 storing1 and making available to the appropriate individuals1 organizations1 and entities information on prospective1 current1 and previously appointed guardians1 which may include-- 7i7 contact and identifying information2 7ii7 information relating to background check investigations2 7iii7 court decisions regarding petitions for appointment as a guardian1 including the rationale for such decisions2 and 7iv7 information relating to the cause for removal of the guardian or termination of the guardianship arrangement2 or 2 7#c7 in paragraph 7#d71 by striking paragraph 7#b77;,e7 and inserting subparagraphs 7,e71 7,f71 7,g71 and 7,h7 of paragraph 7#b72 7#d7 in paragraph 7#e71 by striking paragraph 7#b77;,e7 each place it appears and inserting subparagraphs 7,e71 7,f71 7,g71 and 7,h7 of paragraph 7#b72 and 7#e7 by adding at the end the following new paragraph3 7#g7 ,ensuring demonstration program funding for the highest courts of ,states ,the ,secretary shall ensure that at least #e percent of the total of any funds made available to carry out this subsection in a fiscal year 7beginning with fiscal year #bjbj7 is awarded under grants to the highest courts of ,states for purposes of conducting demonstration programs described in subparagraphs 7,e71 7,f71 7,g71 and 7,h7 of paragraph 7#b74 4