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 establishes programs and requirements to support the rights of older individuals and individuals with disabilities who are in guardianships, conservatorships, or other protective arrangements. The bill requires the Department of Health and Human Services (HHS) to establish a Guardianship and Other Protective Arrangements and Supported Decision-Making Council. The council must advise the Department of Justice on standards governing the inherent rights of older individuals (i.e., those 60 years of age or older) and individuals with disabilities who are in protective arrangements, including with respect to marital, reproductive, financial, and medical decisions. States and Indian tribes that fail to protect the rights of individuals in accordance with these standards may lose certain criminal justice grant funding. The council must also advise HHS on standards for establishing, reviewing, and ending these types of protective arrangements, as well as for establishing alternative arrangements that are less restrictive. States must certify their compliance with these standards as a condition of certain grant funding for supportive services for individuals with disabilities. The bill also requires HHS to award grants to state and Indian tribe protection and advocacy systems for programs that provide oversight and monitoring of state and local protective arrangements, including training and legal resources for affected individuals.