S.1148 - Guardianship Bill of Rights Act (Introduced in the Senate on March 30, 2023)

This bill was introduced in the Senate on March 30, 2023. This bill creates programs and regulations to uphold the rights of older individuals and individuals with disabilities under guardianships, conservatorships, or other protective arrangements.

The bill mandates the Department of Health and Human Services (HHS) to form a council, known as the Guardianship and Other Protective Arrangements and Supported Decision-Making Council. This council will provide guidance to the Department of Justice regarding the standards that should govern the fundamental rights of older individuals (aged 60 and above) and individuals with disabilities who are under protective arrangements. These standards include decisions related to marriage, reproduction, finances, and medical matters. States and Indian tribes that do not safeguard these rights in line with these standards may risk losing specific criminal justice grant funding.

Additionally, the council is required to provide guidance to HHS regarding standards for initiating, evaluating, and terminating such protective arrangements, along with creating less restrictive alternative arrangements. States must confirm their adherence to these standards to qualify for specific grant funding intended for supportive services for individuals with disabilities.

The bill mandates that HHS allocate grants to state and Indian tribe protection and advocacy systems. These grants will fund programs that oversee and monitor state and local protective arrangements, offering training and legal assistance to individuals affected by these arrangements.