[Congressional Record Volume 165, Number 36 (Wednesday, February 27, 2019)]
[Senate]
[Pages S1541-S1542]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. COLLINS (for herself and Mr. Casey):
  S. 591. A bill to assist States in improving guardianship oversight 
and data collection; to the Committee on the Judiciary.
  Ms. COLLINS. Mr. President, as Chairman of the Senate Aging 
Committee, I rise today to introduce, with the Committee's Ranking 
Member, Senator Bob Casey, the ``Guardianship Accountability Act of 
2019,'' a bill that would assist States in improving guardianship 
oversight and data collection.
  Protecting older Americans from financial fraud and exploitation has 
long been one of my top priorities as Chairman of the Aging Committee. 
According to the National Center for State

[[Page S1542]]

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. We found, however, that in some cases, the system lacks 
basic protections against inappropriate use of guardianship and abuse 
by those in power, leaving the most vulnerable Americans at risk of 
exploitation.
  In November 2018, the Aging Committee released a bipartisan report 
following a year-long investigation into State guardianship programs. 
Titled, ``Ensuring Trust: Strengthening State Efforts to Overhaul the 
Guardianship Process and Protect Older Americans,'' the report included 
a number of recommendations intended to help stem the wave of 
guardianship abuse, encourage reforms to State systems and restore 
trust in guardianship arrangements.
  Throughout the course of our investigation, we heard harrowing tales 
from families around the Nation who have struggled with abusive 
guardians, unscrupulous individuals exploiting vulnerable Americans for 
their personal profit. Yet 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 their 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 gathered information, analysis and recommendations from 
States, courts, and organizations representing older Americans and 
those with disabilities around the country. We found signs of progress 
in a number of jurisdictions. For example, in 2017, Maine was the first 
state to enact the Uniform Law Commission's Uniform Guardianship, 
Conservatorship, and Other Protective Arrangements Act. Among the 
reforms made to Maine's guardianship system, this legislation 
highlighted the importance of exploring all options to limit or 
preclude the need for guardianship when appropriate, including the use 
of supported decision making. Maine's law also mandates the regular 
review of reports filed by guardians to determine, among other things, 
whether the guardianship should continue and whether the guardian has 
complied with his or her duties.
  Yet stories in the news continue to call our attention to this 
important issue. Appalling stories, such as that of a guardian from 
Nevada who allegedly used the guardianship process to financially 
exploit more than 150 individuals, and that of another guardian from 
North Carolina who, along with an attorney, an advocate, and a 
professor, took advantage of two men under guardianship and allegedly 
stole hundreds of thousands of dollars, remind us of the 
vulnerabilities created by these relationships and the need for 
diligent oversight.
  In the course of the Committee's investigation, we received more than 
100 comments identifying 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 found 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, which we are introducing today, 
addresses many of the 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, as well as 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, our legislation would also 
expand the availability of federal demonstration grants established by 
the Elder Justice Act, so funds can be used for developing state 
guardianship databases, for training for court visitors, and for 
sharing 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 together, and the bipartisan Guardianship Accountability Act 
promotes this kind of collaboration. I urge my colleagues to support 
this bipartisan legislation.

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