[Congressional Record Volume 165, Number 197 (Tuesday, December 10, 2019)]
[Extensions of Remarks]
[Page E1572]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   INTRODUCTION OF SENIOR GUARDIANSHIP SOCIAL SECURITY PROTECTION ACT

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                           HON. CHARLIE CRIST

                               of florida

                    in the house of representatives

                       Tuesday, December 10, 2019

  Mr. CRIST. Madam Speaker, state courts usually appoint a guardian for 
an individual that a judge has determined lacks the capacity to make 
important decisions regarding their life or property. When state courts 
appoint guardians, older adults often forfeit some or all of their 
decision-making powers, including the right to sign contracts, vote, 
marry or divorce, buy or sell real estate, decide where to live, or 
make basic decisions about their healthcare.
  In recent years, state-based guardianship programs, such as the one 
in Florida, have been exposed as lacking the necessary controls to 
prevent seniors from being exploited and defrauded by bad actors 
preying on these seniors. News reports have detailed shocking cases of 
people being fleeced in my district, and across the country.
  I am committed to putting a stop to this abuse. One step we can take 
at the federal level today to help correct an aspect of this problem is 
addressed through this legislation. Under current law, when a guardian 
has a ward removed from their care by a court for cause, that 
information is not necessarily transmitted to the Social Security 
Administration. In some cases, guardians removed for cause may still be 
allowed to represent the ward's interests with the Social Security 
Administration, and therefore be receiving and administering their 
federal benefits in perpetuity.
  Today, I, along with my distinguished colleagues, the gentlemen from 
Florida (Mr. Soto and Mr. Bilirakis), are introducing the ``Senior 
Guardianship Social Security Protection Act.'' Under this bipartisan 
bill, state courts would be required to notify the Social Security 
Administration (SSA) when a guardian has their adult ward removed for 
cause. SSA would then remove the former guardian as the ward's 
representative payee, closing a point of vulnerability for the ward. By 
directing open lines of communication between state courts and SSA, we 
can help better protect our seniors from predatory actors.

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