,,ii #aaith ,,congress #b;d ,session ,s4 #dbdg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bf1 #bjbf,ms4 ,duckworth 7for herself1 ,mr4 ,sanders1 and ,mr4 ,fetterman7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to establish rights for people being considered for and in protective arrangements1 including guardianships and conservatorships1 or other arrangements1 to provide decision supports4 #a4 ,short title ,this ,act may be cited as the ,guardianship ,bill of ,rights ,act of #bjbf4 #b4 ,findings and purpose 7a7 ,findings ,congress finds the following3 7#a7 ,at least #a1cjj1jjj people in the ,united ,states are in some type of guardianship or other protective arrangement4 7#b7 ,a majority of guardianships are plenary and strip almost all rights from individuals1 with the restoration of rights being very rare4 7#c7 ,guardianship can have grave implications limiting the liberty of people in such an arrangement4 7#d7 ,overbroad1 restrictive1 and unnecessary guardianships1 conservatorships1 and other protective arrangements can dramatically curtail the rights of older adults and persons with disabilities4 7#e7 ,a person who is being considered for a protective arrangement1 or is in a protective arrangement1 including an individual in a guardianship or conservatorship1 has a set of fundamental rights including-- 7,a7 a right1 prior to the imposition of a protective arrangement1 to exhaust less restrictive alternative arrangements for supports2 7,b7 7i7 a right to an alternative arrangement1 for anyone who needs decision supports but does not need a guardianship or conservatorship2 and 7ii7 a right to a supported decisionmaking arrangement for anyone who needs decision supports1 whether being considered for or in a protective arrangement2 7,c7 a right to an independent1 qualified lawyer who-- 7i7 speaks solely for the person who is being considered for a guardianship or other protective arrangement1 or who is in a protective arrangement2 7ii7 is free of a conflict of interest with the person's family members1 and the corresponding governmental entities1 social service agencies1 and courts2 7iii7 represents the expressed wishes of the person who is being considered for or who is in a protective arrangement2 7iv7 is compensated at a reasonable fee through the use of public funds1 if the person is not able to pay2 and 7v7 is appointed by the court involved1 if the person does not prefer to have a lawyer of the person's own choosing2 7,d7 the right to significant input and full participation into decisions about their life1 including their health1 education1 finances1 employment1 housing1 relationships1 parenthood1 politics1 religious activities1 and social activities1 and other basic decisions affecting their life2 7,e7 if in a protective arrangement1 the right to a reasonable1 timely method and information for reviewing1 modifying1 and discontinuing the protective arrangement2 7,f7 if in a protective arrangement1 the right to1 at a minimum1 an annual meaningful review of their protective arrangement that includes representation by a lawyer described in subparagraph 7,c72 and 7,g7 a right to the least restrictive arrangement to provide support to a covered individual needing decision supports4 7b7 ,purpose ,the purpose of this ,act is to create a process to establish a bill of rights for covered individuals who are being considered for or who are in a guardianship1 conservatorship1 supported decisionmaking arrangement1 or other alternative arrangement1 regarding the decisions of the individuals to ensure the fundamental rights of each such individual are protected and the individual has significant input into arrangements of the types described in this subsection4 #c4 ,definitions ,in this ,act3 7#a7 ,alternative arrangement ,the term alternative arrangement means an arrangement with key support personnel who may include family members1 friends1 and professionals1 with an approach to meeting the needs of an individual to make decisions that restricts fewer rights of the individual than would the appointment of a guardian or conservator4 7#b7 ,assistive technology device ,the term assistive technology device has the meaning given the term in section #c of the ,assistive ,technology ,act of #aiih 7#bi ,u4,s4,c4 #cjjb74 7#c7 ,covered individual ,the term covered individual means-- 7,a7 an older adult2 and 7,b7 a person with a disability4 7#d7 ,developmental disability ,the term developmental disability has the meaning given the term in section #ajb of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejjb74 7#e7 ,disability ,the term disability means a disability as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb74 7#f7 ,guardianship ,the term guardianship means a legal relationship established by a court if an individual 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 information1 or make or communicate decisions1 about their person or property1 even with appropriate supportive services1 assistive technology devices1 supported decisionmaking1 or other less restrictive alternative arrangements4 7#g7 ,indian ,tribe ,the term ,indian ,tribe means an entity that-- 7,a7 is eligible for funding as an ,indian tribe under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq472 and 7,b7 is-- 7i7 eligible for funding as an ,indian tribe under title ,i of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gbj et seq472 or 7ii7 eligible for funding through an ,american ,indian consortium under subtitle ,c of title ,i of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejda et seq474 7#h7 ,limited guardianship ,the term limited guardianship means a guardianship in which a court-appointed fiduciary has the power to make decisions for an individual1 with that power defined by the court and for the duration determined by the court4 7#i7 ,local educational agency2 ,state educational agency ,the terms local educational agency and ,state educational agency have the meanings given the terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#aj7 ,older adult ,the term older adult means an individual who is #fj years of age or older4 7#aa7 ,person with a disability ,the term person with a disability means any person who has a disability 7including a sensory disability74 7#ab7 ,plenary guardianship ,the term plenary guardianship means a guardianship in which a court-appointed fiduciary has the power to make all decisions allowed by ,state law for an individual1 often due to a finding that the individual is incapacitated4 7#ac7 ,protection and advocacy system ,the term protection and advocacy system means a protection and advocacy system established in accordance with section #adc of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejdc74 7#ad7 ,protective arrangement ,the term protective arrangement means-- 7,a7 an arrangement in which a person1 acting under a limited court order authorizing support for an individual who the court has determined is in need of decision supports1 has the power1 for a duration specified in the order1 to make such decisions for the individual1 without a finding of incapacity or the appointment of a guardian or conservator2 or 7,b7 a guardianship or conservatorship4 7#ae7 ,secretary ,the term ,secretary refers to the ,secretary of ,health and ,human ,services or the designee of that ,secretary4 7#af7 ,standard ,the term standard means a requirement4 7#ag7 ,state ,the term ,state means any of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 ,american ,samoa1 and any ,indian ,tribe4 7#ah7 ,supported decisionmaking arrangement ,the term supported decisionmaking arrangement means an agreement or other arrangement1 resulting from a series of relationships1 practices1 and shorter arrangements1 of greater or lesser formality and intensity1 designed to assist an individual in understanding1 making1 and communicating the individual's own decisions in a way that does not impede the individual's self-determination1 including deciding-- 7,a7 who provides the individual with supports for the decisions2 7,b7 in which areas of life the individual receives supports1 including decisions about health1 services received1 finances1 property1 living arrangements1 and work2 and 7,c7 with whom to associate through the support of people1 technology1 and other decisionmaking aids4 #d4 ,guardianship and other protective arrangements and supported decisionmaking council 7a7 ,establishment of a guardianship and other protective arrangements and supported decisionmaking council 7#a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish in the ,department of ,health and ,human ,services a ,guardianship and ,other ,protective ,arrangements and ,supported ,decisionmaking ,council 7referred to in this ,act as the ,council74 7#b7 ,duties of the ,council ,the ,council shall advise the ,secretary on the development of standards under section #e related to guardianships1 conservatorships1 supported decisionmaking arrangements1 and other alternative arrangements1 including recommending standards on the fundamental rights 7including the implementation of those rights7 of a covered individual in a guardianship1 conservatorship1 supported decisionmaking arrangement1 or other alternative arrangement4 7#c7 ,guardianship bill of rights ,the ,council's recommendations for those standards on the fundamental rights of a covered individual in a guardianship1 conservatorship1 supported decisionmaking arrangement1 or other alternative arrangement 7commonly known as the ,guardianship ,bill of ,rights7 shall address1 at minimum-- 7,a7 the scope of the fundamental rights1 including the fundamental rights described in section #b7;a77#e72 7,b7 which fundamental rights cannot be restricted1 which can be restricted but not delegated1 and which can be restricted but only with further due process protections2 7,c7 due process protections to be provided1 during consideration of an arrangement1 to protect the fundamental rights2 7,d7 the fundamental rights related to-- 7i7 voting access and decisionmaking2 7ii7 decisionmaking concerning marriage and other relationships1 including romantic1 friendship1 and family relationships2 7iii7 reproductive decisionmaking2 7iv7 financial decisionmaking on matters that do not jeopardize long-term security2 7v7 educational decisionmaking2 7vi7 health and medical decisionmaking1 including the right to private communication between an individual and the individual's health care provider2 7vii7 decisionmaking for religious observation and activities2 7viii7 decisionmaking concerning a place of residency2 7ix7 decisionmaking for visitation and association2 7x7 decisionmaking for travel2 7xi7 communication2 and 7xii7 decisionmaking for daily decisions2 and 7,e7 maintenance of a covered individual's fundamental rights in their decisionmaking4 7#d7 ,membership 7,a7 ,background ,the ,secretary shall appoint members to the ,council4 ,the ,council shall be composed of #cj members that include-- 7i7 five covered individuals currently 7as of the date of appointment7 using a supported decisionmaking arrangement2 7ii7 four covered individuals currently 7as of the date of appointment7 in a protective arrangement2 7iii7 three family members of covered individuals who are at risk of being in1 or are in1 protective arrangements2 7iv7 two lawyers1 including at least #a of whom-- 7,i7 is a lawyer who has served a protection and advocacy system or legal services organization2 7,,ii7 has experience in representation of covered individuals in contesting or limiting guardianships2 and 7,,iii7 has experience in supported decisionmaking arrangements1 other alternative arrangements1 and protective arrangements2 7v7 two judges with experience managing contested and uncontested guardianships2 7vi7 two teachers or special education personnel from an elementary school or secondary school2 7vii7 two behavioral health care professionals2 7viii7 one independent living specialist2 7ix7 two other professionals with extensive knowledge of supported decisionmaking arrangements2 7x7 two representatives of disability-led organizations1 meaning organizations for which at least #ej percent of the staff have a disability1 or #ej percent of the members of the governing body have a disability2 7xi7 two representatives of organizations representing older adults2 7xii7 one guardian1 who shall be a certified guardian if the ,state involved provides for such certifications2 7xiii7 one guardianship investigator2 and 7xiv7 one representative of a ,state developmental disability agency1 ,state agency on aging1 or ,state adult protective services agency4 7,b7 ,diversity ,members of the ,council shall represent diverse racial1 ethnic1 religious1 gender1 geographic1 socioeconomic1 religious1 age1 and disability categories4 7,c7 ,period of appointment2 vacancies 7i7 ,term ,members shall be appointed for a #c-year term and may be reappointed for one additional term4 7ii7 ,vacancies ,any vacancy in the ,council shall not affect its powers1 but shall be expeditiously filled by the ,secretary4 7,d7 ,chair2 ,vice ,chair ,at the first meeting of the ,council1 the ,council shall select a ,chair and ,vice ,chair from among its members4 ,the ,council shall select a member with the characteristics described in clause 7i7 or 7ii7 of subparagraph 7,a7 to fill at least one of those positions4 7#e7 ,council reports 7,a7 ,initial report ,the ,council shall prepare a report in which it makes its initial recommendations on the standards described in section #e1 not later than #b years after the date of the ,council's establishment4 7,b7 ,subsequent reports ,for the #aj-year period beginning on that date of establishment1 not later than #d years after that date and not later than every #b years thereafter1 the ,council will review the standards established under section #e and prepare a report in which it makes its subsequent recommendations on the standards4 7,c7 ,submission ,the ,council shall make the reports described in this paragraph publicly available and submit the reports to-- 7i7 the ,secretary2 7ii7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 7iii7 the ,special ,committee on ,aging of the ,senate2 7iv7 the ,committee on the ,judiciary of the ,senate2 7v7 the ,committee on ,education and ,workforce of the ,house of ,representatives2 7vi7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7vii7 the ,committee on the ,judiciary of the ,house of ,representatives4 7#f7 ,personnel matters 7,a7 ,no additional compensation ,members of the ,council who are officers or employees of the ,united ,states shall serve without compensation in addition to that received for their services as officers or employees of the ,united ,states4 ,other members of the ,council shall serve without compensation for the performance of services for the ,council4 ,notwithstanding section #acdb of title #ca1 ,united ,states ,code1 the ,secretary may accept the voluntary and uncompensated services of members of the ,council4 7,b7 ,travel expenses ,the members of the ,council shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies in subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,council4 7,c7 ,detail of government employees ,any ,federal ,government employee may be detailed to the ,council without reimbursement1 and such detail shall be without interruption or loss of civil service status or privilege4 7b7 ,termination ,the ,council shall terminate #aj years after the date of the establishment of the ,council4 #e4 ,standards for guardianships1 conservatorships1 and alternative arrangements 7a7 ,standards for establishing1 reviewing1 modifying1 and discontinuing guardianships1 conservatorships1 or other protective arrangements ,the ,secretary1 through the ,administrator of the ,administration for ,community ,living1 with significant input from the ,council1 shall develop standards for establishing1 reviewing1 modifying1 and discontinuing any protective arrangement for a covered individual1 including guardianships and conservatorships1 including standards for each of the following3 7#a7 ,establishing protective arrangements4 7#b7 ,establishing frequencies1 of not more than #a year1 for regular review of protective arrangements by the court of jurisdiction4 7#c7 ,guaranteed procedures for modification or discontinuation of protective arrangements4 7#d7 ,guaranteed representation by an independent1 qualified1 and compensated lawyer described in section #b7;a77#e77;,c7 for the covered individual being considered for a protective arrangement or in a protective arrangement4 7#e7 ,access to due process while the individual is being considered for a protective arrangement and while in a protective arrangement4 7#f7 ,options for full restoration of rights for a covered individual in a protective arrangement4 7#g7 ,ordering limited protective arrangements when less restrictive arrangements1 such as supported decisionmaking arrangements1 are not appropriate4 7#h7 7,a7 ,collecting detailed data at the national and ,state levels on the use of guardianships and other protective arrangements1 supported decisionmaking arrangements1 and other alternative arrangements4 7,b7 ,reporting that data1 taken as a whole and disaggregated by gender identity1 race1 ethnicity1 sexual orientation1 income level1 living situation1 age1 disability type1 and reason for guardianship or other protective arrangement4 7b7 ,standards for establishing supported decisionmaking and other alternative arrangements ,the ,secretary1 through the ,administrator of the ,administration for ,community ,living1 with significant input from the ,council1 shall develop system standards and other standards for establishing supported decisionmaking arrangements and other alternative arrangements as the default decision support options for covered individuals to avert the use of guardianship or a more restrictive protective arrangement1 including-- 7#a7 system standards that promote supported decisionmaking arrangements and other alternative arrangements for decisionmaking arrangements1 including decisionmaking arrangements within local educational agencies1 health care systems1 disability and aging services systems1 financial institutions1 and court systems2 7#b7 standards for the areas 7such as education1 finance1 and health7 in which a covered individual requires decisionmaking supports2 7#c7 standards for how a covered individual using a supported decisionmaking arrangement will select the persons to serve on the supported decisionmaking team2 7#d7 standards for additional supports1 such as assistive technology devices1 required to ensure maximum participation by covered individuals in their decisionmaking2 and 7#e7 standards for interrupting the processes that lead to guardianship or conservatorship through retraining key decisionmakers1 such as court personnel and administrators1 to recognize overbroad petitions for guardianships or conservatorships4 7c7 ,standards for transitioning from guardianships to alternative arrangements ,the ,secretary1 with significant input from the ,council and a stakeholder group process1 shall-- 7#a7 establish standards1 for transitioning covered individuals from guardianship or conservatorship arrangements into supported decisionmaking arrangements or other alternative arrangements1 that restore the rights of individuals in appropriate circumstances2 and 7#b7 establish standards that-- 7,a7 require a periodic review of guardianships and conservatorships1 to transition covered individuals in either type of arrangement to a supported decisionmaking arrangement or another alternative arrangement2 7,b7 provide for such a review at least once a year for such covered individuals2 and 7,c7 require that a review of a guardianship or conservatorship occurs if such a covered individual requests that review4 7d7 ,minimum standards for establishment and review of protective arrangements ,the ,secretary1 with significant input from the ,council1 shall-- 7#a7 establish standards for establishing guardianships or other protective arrangements1 including in the case of a plenary guardianship1 standards for health1 medical1 and financial well-being reviews by the corresponding members serving on a guardianship review panel before the guardianship is established and during reviews described in paragraph 7#d72 7#b7 create standards for individuals eligible to serve on such a review panel1 which shall include lawyers1 and advocates1 with experience protecting the civil rights described in subsection 7a71 other professionals with experience in protective arrangements 7such as doctors1 psychologists1 and certified financial planners71 and covered individuals2 7#c7 establish standards requiring background checks of individuals seeking to serve on guardianship review panels2 and 7#d7 establish standards for reviews of protective arrangements described in section #b7;a77#e77;,f74 7e7 ,availability and accessibility ,the ,secretary shall make the standards described in this section1 and information on the standards1 available and accessible to covered individuals1 family members and guardians of covered individuals1 judges and court personnel1 school personnel1 minority language communities1 and additional appropriate entities and individuals4 7f7 ,relation to other law ,a ,state that seeks funding under-- 7#a7 title ,i of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gbj et seq47 shall include1 in the ,state plan submitted under section #aja of that ,act 7#bi ,u4,s4,c4 #gba7 or the application submitted under section #aba of that ,act 7#bi ,u4,s4,c4 #gda71 as the case may be1 an assurance that the ,state is implementing and enforcing the standards described in this section and issued by the ,secretary1 other than subsection 7c72 and 7#b7 subtitle ,b or ,c of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejba et seq41 #aejda et seq47 shall include1 in the ,state plan submitted under section #abd of that ,act 7#db ,u4,s4,c4 #aejbd7 or the materials demonstrating eligibility under section #adc of that ,act 7#db ,u4,s4,c4 #aejdc71 as the case may be1 the assurance described in paragraph 7#a74 #f4 ,protection and advocacy program for oversight of protective arrangements ,title ,i of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejja et seq47 is amended by adding at the end the following3 ,f ,protective ,arrangements ,oversight #aga4 ,protection and advocacy program for oversight of protective arrangements 7a7 ,definitions ,in this section3 7#a7 ,american ,indian ,consortium2 ,state ,the terms ,american ,indian ,consortium and ,state have the meanings given the terms in section #ajb4 7#b7 ,guardianship ,bill of ,rights definitions ,except as provided in paragraphs 7#a7 and 7#c71 the terms used in this section have the meanings given the terms in section #c of the ,guardianship ,bill of ,rights ,act of #bjbf4 7#c7 ,protection and advocacy system ,the term protection and advocacy system means-- 7,a7 a protection and advocacy system established in accordance with section #adc2 and 7,b7 an ,american ,indian ,consortium that provides protection and advocacy services under section #adb4 7b7 ,establishment ,the ,secretary1 acting through the ,administrator for the ,administration for ,community ,living1 shall establish a ,protection and ,advocacy ,program1 for oversight and monitoring of ,state and local guardianships1 conservatorships1 and other protective arrangements4 7c7 ,grants ,the ,secretary shall make a grant to each protection and advocacy system to establish or expand a ,protection and ,advocacy ,program for ,oversight of ,protective ,arrangements4 7d7 ,authority ,in order for a protection and advocacy system for a ,state or serving an ,american ,indian tribe to receive a grant under this section-- 7#a7 the ,state or tribe shall have in effect a protective arrangement oversight system to protect and advocate for the rights of covered individuals concerning protective arrangements2 and 7#b7 the protective arrangement oversight system shall have the authority to-- 7,a7 pursue legal1 administrative1 and other appropriate remedies or approaches to ensure the protection of1 and advocacy for1 the rights of covered individuals within the ,state or ,american ,indian tribe who are being considered for or in a protective arrangement2 7,b7 provide legal representation to covered individuals who-- 7i7 are facing a proceeding to establish a protective arrangement2 or 7ii7 who desire to modify or discontinue a protective arrangement2 7,c7 provide information1 referrals1 training1 and legal representation to enable a covered individual to establish or defend a supported decisionmaking arrangement or another alternative arrangement1 including providing such services in plain language1 ,american ,sign ,language1 and other minority languages2 and 7,d7 investigate incidents of abuse of guardianships and other protective arrangements4 7e7 ,use of funds 7#a7 ,in general ,an entity that receives a grant under this section for a protective arrangement oversight system shall carry out the activities described in subsection 7d7 or 7f74 7#b7 ,limitation ,the protective arrangement oversight system may not use the grant funds to provide legal representation1 or other services1 to persons seeking to establish or maintain 7with or without modification7 a guardianship or conservatorship4 7f7 ,reports ,each entity that receives a grant under this section for a protective arrangement oversight system shall prepare and submit to the ,secretary1 in accordance with such requirements as the ,secretary may specify1 information on activities carried out through the corresponding program described in subsection 7c74 7g7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ej1jjj1jjj for fiscal year #bjbg and each succeeding fiscal year4 4