The Senators’ legislation comes after the VA announced an effort that could push hundreds of Veterans into exploitative legal guardianships and deny our heroes the proper care they’ve earned
[WASHINGTON, D.C.] – U.S. Senator Tammy Duckworth (D-IL) introduced legislation that would establish a Guardianship Bill of Rights to help protect Veterans from being forced into harmful arrangements and thrown into institutions as part of a new policy announced by the Trump Administration. Specifically, the Trump Administration’s recent policy agreement allows the U.S. Department of Justice (DOJ) to grant U.S. Department of Veterans Affairs (VA) attorneys the authority to initiate and participate in state court guardianship proceedings on behalf of the VA. This policy threatens to rip away agency from hundreds of Veterans and unnecessarily force them into institutions after the Trump Administration has repeatedly gutted the VA and made it harder for them to access the care they need and have earned through their service. In addition to Duckworth, the Guardianship Bill of Rights Act of 2026 is cosponsored by U.S. Senators Bernie Sanders (I-VT) and John Fetterman (D-PA).
“Guardianships frequently result in abuse and exploitation—it is downright abhorrent that the Trump Administration has created a legal backdoor to force Veterans into such arrangements that would strip them of their autonomy and see them institutionalized,” said Duckworth. “Our heroes deserve so much better than a President who guts the VA, slashes essential services and now tries to shove them into institutions. This legislation would codify a list of legal rights to protect Americans with disabilities and anyone who has a guardian or conservator, including Veterans who are threatened by this Administration’s latest shameful effort to abandon them.”
“We have a responsibility to ensure that those living under a guardianship aren’t ever stripped of their rights, and we need a guardianship system that respects the voices of our veterans, seniors, and those with disabilities,” said Senator Fetterman. “I’m proud to join my colleagues in reintroducing the Guardianship Bill of Rights Act, which protects those living under a guardianship from fraud, exploitation, and abuse and makes sure their dignity always comes first.”
While guardians are obligated to protect the person they serve, this legal tool is largely overused and frequently results in vulnerable people—especially those with disabilities—being abused, defrauded or stripped of their agency. Despite less restrictive alternatives, like supported decisionmaking, being widely available, guardianship is commonly used as the first course of action instead of a last resort—resulting in too many Americans being unnecessarily institutionalized when they could better thrive in their homes and communities. Shamefully, the Trump Administration has been working to steer Veterans and people with disabilities into institutions instead of promoting alternatives that better protect their civil rights.
The Senators’ Guardianship Bill of Rights Act of 2026 would help protect the rights of Veterans and Americans with disabilities in protective agreements by:
- Creating a Council to develop a Guardianship Bill of Rights regarding the fundamental civil rights of individuals being considered for, or living under, protective arrangements;
- Establishing standards for protective arrangements, including transitioning from such arrangements to supportive decisionmaking and other alternative arrangements; and
- Establishing a Protection and Advocacy Program, for oversight and monitoring of State and local guardianships, conservatorships and other protective arrangements.
The full text of the legislation is available on Senator Duckworth’s website.
Full Article & Source:
Duckworth, Sanders, Fetterman Introduce Legislation to Establish Guardianship Bill of Rights to Protect Veterans and Americans with Disabilities
See Also:
VA-DOJ Memorandum of Understanding on Guardianship Threatens to Strip Rights from Homeless Veterans
A New Push to Put Homeless Veterans Under Legal Guardianship
V.A. Begins Drive to Put Homeless Veterans Into Guardianship
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