[Congressional Record Volume 164, Number 187 (Wednesday, November 28, 2018)]
[Senate]
[Page S7192]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. COLLINS (for herself and Mr. Casey):
  S. 3669. A bill to assist States in improving guardianship oversight 
and data collection; to the Committee on Finance.
  Ms. COLLINS. Mr. President. As Chairman of the Senate Aging 
Committee, I rise today to introduce the ``Guardianship Accountability 
Act of 2018,'' a bill that would assist States in improving 
guardianship oversight and data collection. I am pleased to be joined 
by our Committee's Ranking Member, Senator Bob Casey.
  Protecting older Americans from financial fraud and exploitation is 
one of my top priorities. According to the National Center for State 
Courts, an estimated 1.3 million adults are under the care of 
guardians--family members or professionals--who control approximately 
$50 billion of their assets. Guardianship is a legal relationship 
created by a court that is designed to protect those with diminished or 
lost capacity. In many cases, however, the system lacks basic 
protections leaving the most vulnerable Americans at risk of 
exploitation.
  Today, the Aging Committee released a bipartisan report to help 
change the tide, implement reforms, and restore trust in guardianship. 
Titled, ``Ensuring Trust: Strengthening State Efforts to Overhaul the 
Guardianship Process and Protect Older Americans,'' the report is the 
culmination of the Committee's year-long work investigating the 
guardianship system.
  Throughout the course of the year, we heard harrowing tales from 
families around the Nation who have struggled with abusive guardians. 
We also spoke with families who had heartening stories to share--of 
dedicated and faithful guardians stepping up to protect the assets of 
seniors with dementia and other conditions affecting capacity. A good 
guardian can provide years of support for a protected individual, 
ensuring a full life directed, wherever possible, by the person's own 
choices and preferences. Once a guardianship is imposed, however, the 
individual's rights are removed, and oversight to protect the 
individual from abuse, neglect, and exploitation becomes critical.
  Our Committee has gathered information, analysis and recommendations 
from States, courts, and organizations representing older Americans and 
those with disabilities around the country, and received more than 100 
comments pointing to gaps in the system and, most important, offering 
solutions. The Committee found a pattern of barriers to proper 
oversight and a need for greater use of alternatives to guardianship. 
We identified persistent and widespread challenges that require a 
nationwide focus in order to ensure the guardianship system works on 
behalf of the individuals it is intended to protect. The Committee's 
report outlines policy recommendations at local, state, and federal 
levels that would improve outcomes for Americans subject to 
guardianship.
  The Guardianship Accountability Act addresses many of our report's 
recommendations. The bill would direct the Elder Justice Coordinating 
Council to establish a National Online Resource Center on Guardianship 
to collect and publish information relevant to guardianship for use by 
guardians, individuals subject to guardianship, courts, states, local 
governments, and community organizations. The resource center would 
also publish model legislation and best practices developed pursuant to 
the Elder Abuse Prevention and Prosecution Act, compile and publish 
training materials for guardians, share research related to 
guardianship, and maintain a database on State laws regarding 
guardianship and the use of less restrictive alternatives. In addition, 
the bill would also expand the availability of Federal demonstration 
grants, established by the Elder Justice Act, to include use for the 
development of State guardianship databases, training for court 
visitors, and sharing of information on guardian background checks.
  Combating financial abuse and exploitation of seniors requires law 
enforcement and social service agencies at all levels of government to 
work collaboratively together, which the Guardianship Accountability 
Act promotes. I'm proud to have worked on this bill with Senator Casey, 
and I urge my colleagues to support it.
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