Guardianship Bill of Rights Act of 2026
Sponsored By: Senator Tammy Duckworth
Introduced
Summary
Protect the rights of people under guardianship by setting federal standards that favor supported decisionmaking and the least restrictive arrangements. This bill would create a 30‑member federal advisory Council to develop guardianship standards and fund a grant program to monitor guardianships at state and tribal levels.
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- Individuals and families: Would recognize rights such as the right to exhaust less restrictive supports, access supported decisionmaking, get independent legal counsel paid by public funds if needed, have meaningful input on health, finances, housing, and receive annual rights reviews.
- Protection and Advocacy systems: Would establish a federally funded Protection and Advocacy Program that awards grants to state and tribal systems to provide legal representation, investigations, training, and plain‑language services while barring grant funds from supporting parties seeking to impose or keep guardianships.
- Federal Council and standards: Would house a 30‑member Guardianship and Supported Decisionmaking Council at the Administration for Community Living to recommend rights that cannot be restricted and issue biennial reports for 10 years on topics like voting, marriage, reproductive decisions, and financial control.
*Would authorize $50.0 million for fiscal year 2027 and each succeeding year for the oversight grants, increasing federal spending by that amount annually.*
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Grants for state guardianship oversight
If enacted, the Secretary would give grants to State and Tribal protection-and-advocacy systems to establish or expand oversight programs. To get a grant, a State or Tribe must have an oversight system able to pursue legal remedies, provide legal representation and training, and investigate abuse. Grantees would report activities to HHS. Grant funds would not be allowed to help people seeking to create or keep a guardianship or conservatorship.
More legal help for guardianship cases
If enacted, the government would create a federal Protection and Advocacy Program to oversee state and local guardianships and conservatorships. HHS, through the Administration for Community Living, would run the program and give grants to protection-and-advocacy systems. The bill would authorize $50 million for fiscal year 2027 and each year after to fund the program.
Nationwide guardianship standards and reviews
If enacted, HHS would develop national standards within two years of the Council's start for how courts set up, review, change, and end guardianships and other protective arrangements. Standards would require courts to review protective arrangements at least once a year and provide procedures to modify or discontinue them. Standards would guarantee independent, conflict-free legal counsel paid by public funds if the person cannot pay, promote supported decisionmaking, and require detailed data collection by race, age, income, disability type, and other factors. HHS would make the standards available in plain language and minority languages.
New Federal Guardianship Advisory Council
If enacted, HHS would create a 30-member Guardianship and Supported Decisionmaking Council within 180 days. Members would serve three-year terms and could be reappointed once. Non-federal members could receive travel pay. The Council would produce an initial report within two years and then biennial reports for ten years, and would end ten years after it starts.
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Sponsors & CoSponsors
Sponsor
Tammy Duckworth
IL • D
Cosponsors
Sen. Sanders, Bernard [I-VT]
VT • I
Sponsored 3/26/2026
Sen. Fetterman, John [D-PA]
PA • D
Sponsored 3/26/2026
Roll Call Votes
No roll call votes available for this bill.
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