Duckworth, Sanders, Fetterman Introduce Legislation to Establish Guardianship Bill of Rights to Protect Veterans and Americans with Disabilities

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.

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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

Paralyzed Veterans of America Issues Statement Following VA-DOJ Agreement Allowing Guardianship Proceedings for Veterans with Catastrophic Disabilities

V.A. Begins Drive to Put Homeless Veterans Into Guardianship

ABA Adopts Policy on Guardianship Bill of Rights and Due Process Protections

By, Erica Costello, Senior Attorney, American Bar Association Commission on Law and Aging

At the ABA Annual Meeting in August of 2023, the House of Delegates unanimously passed Resolution 506, urging national, state, local, territorial, and tribal law and policy-making bodies to adopt the provisions of the “Guardianship Bill of Rights,” promulgated by the National Guardianship Network (NGN) in 2022, and to protect the right to Due Process in guardianship proceedings. The adoption of this Resolution furthers the ABA’s on-going guardianship reform efforts and recognizes the importance of having meaningful due process protections in guardianship and conservatorship proceedings.

Resolution 506 was co-authored by the ABA Commission on Law and Aging (COLA) and the ABA Section on Civil Rights and Social Justice and is based upon recent recommendations from a taskforce established by the NGN.  The NGN is comprised of representatives from various member organizations that advocate for quality guardianship practices and procedures, including ABA COLA and the ABA Section of Real Property, Trust, and Estate Law.  

In May of 2021, the NGN convened the Fourth National Guardianship Summit, virtually hosted by the Syracuse University College of Law. The purpose of the Summit was to review current guardianship policies and practices and make recommendations for reform over the next decade. At the Summit, 125 delegates adopted twenty-two (22) recommendations for guardianship reform—including Recommendation 1.1, which called upon the NGN to convene a task force to draft a model national Bill of Rights for adults subject to a guardianship.[1]

Following the Summit, the NGN established a task force in 2022 to create the first model national “Guardianship Bill Rights.”  The task force, including members from national disability and aging organizations, individuals at risk or subject to guardianship, and family and professional guardians, created a model document affirming the rights of adults who have a guardian, including the right to an attorney to advocate for the outcome they want, the right to be present and participate in all court hearings, and the right to keep all rights not granted to their guardian.[2] The document also affirmed other access to justice rights, core human rights, and decision-making rights that should be afforded to adults at all times when they have a guardian.

Resolution 506 was drafted and passed following the NGN taskforce’s recommendations, urging law and policy-making bodies to enact the NGN’s “Guardianship Bill of Rights,” as well as take necessary steps to ensure meaningful due process in guardianship and conservatorship cases. All too often stories in the news media report that individuals are placed under unnecessary guardianships because of a lack of fundamental due process protections, including the failure to have counsel appointed to represent the individual, the failure to receive notice of the hearing or be heard by the court, and the failure to confront or cross examine witnesses to the case. It is imperative that individuals subject to guardianship or conservatorship proceedings have the right to present a guardianship defense and be provided with meaningful due protections, even if such protections are not explicitly provided in state statutes.

There are currently only eleven states that have statutory provisions providing a “Bill of Rights” for individuals subject to guardianships or conservatorships, or have language specifying rights retained by persons in guardianship or conservatorship cases.[3]  While these statutes typically recognize basic due process protections afforded to all adults subject to guardianship or conservatorship proceedings, they may not encompass all of the protections recognized by the NGN’s “Guardianship Bill of Rights.” As such, the NGN’s “Guardianship Bill of Rights” provides law and policy-making bodies with an excellent model to consider adopting or take into consideration when amending existing statutes.

The passage of Resolution 506 is a huge step towards improving current guardianship policies and practices across the country.  It encourages the adoption of the NGN’s model “Guardianship Bill of Rights” and provides a template for protecting the rights of individuals subject to guardianship or conservatorship proceedings. It also seeks to ensure meaningful due process protections for anyone whose rights are at risk in such proceedings. The provisions in Resolution 506 are especially important for protecting individuals who have a conservator or guardian appointed by the courts.

[1] Fourth National Guardianship Summit: Maximizing Autonomy and Ensuring Accountability. Recommendation 1.1.  Fourth-National-Guardianship-Summit-Adopted-Recommendations-May-2021-1.pdf

[2] For a complete list of the rights adopted by the NGN: NGA-Bill-of-Rights-rev-11-4-22.pdf (guardianship.org)

[3] Arkansas (Ark. Code Ann. § 28-65-106), California (Cal. Prob. Code § 1835.5), Florida (Fla. Stat. Ann. § 744.3215), Iowa (Iowa Code Ann. § 633.637A), Michigan (Mich. Comp. Laws Ann. § 700.5306a), Minnesota (Minn. Stat. Ann. § 524.5-120), Missouri (Mo. Rev. Code § 475.361), Nevada (Nev. Rev. Stat. Ann. § 159.327-8), South Carolina (S.C. Code Ann. § 62-5-304A), Texas (Tex. Est. Code Ann. §1151.351), and Utah (Utah Code Ann. § 75-5-301.5).

Full Article & Source:
ABA Adopts Policy on Guardianship Bill of Rights and Due Process Protections

2014 Year-End Reflection #5: Guardianship Task Forces

More states are stepping up and committing to special Task Forces to investigate guardianship and court practices, and make suggestions and plans for reform to the legislators and state government.

The newest to step up, create a Task Force, and submit a report is the State of Pennsylvania.  Their report covered at least 130 suggestions, including volunteer monitoring programs, a Ward's Bill of Rights, and a state-wide database.

NASGA encourages all states to do the same, especially the "retirement" states where there is such a high concentration of elderly people. 

See: Pennsylvania Creates Office to Protect Seniors

Guardianship bill of rights developed

Ohio Attorney General’s information
COLUMBUS — Ohio Attorney General Mike DeWine, State Senator Shannon Jones (R-Springboro) and State Representative Dorothy Pelanda (R-Marysville) unveiled legislation to establish a ward’s bill of rights for those Ohioans who are under the care of a guardianship as well as introduced a new, user-friendly Guardianship Guide prepared by the Ohio Attorney General’s Office.

Attorney General Mike DeWine

“People placed in guardianships are especially vulnerable, and there is a great need for volunteers, family members, and attorneys to act on their behalf,” said Ohio Attorney General Mike DeWine. “My office created this guide to reduce confusion surrounding guardianships, so that individuals are better equipped to serve as guardians or protect relatives under guardianship.”

Copies of the Guardianship Guide are being mailed to Probate Courts across the state as well as to advocacy groups like the Ohio Area Agencies on Aging and Disability Rights Ohio.

The Guide was prepared by the Ohio Attorney General’s Office with input from: Disability Rights Ohio; the Ohio Department of Developmental Disabilities; the Ohio Department of Aging; Representative Dorothy Pelanda; Trumbull County Probate Judge Thomas A. Swift, and Julia Nack of the Central Ohio Area Agency on Aging.

Representative Pelanda has introduced House Bill 624 that seeks to enact section 2111.01 of the Ohio Revised Code to provide a ward’s bill of rights and to require that a guardian receive the Ohio Guardianship Guide prepared by the Ohio Attorney General.  The rights of the ward are listed on pages 12-14 in the Guide.

Senator Jones has introduced a companion bill, Senate Bill 365.

“This legislation and the Guide are meant to encourage best-practices and to raise awareness of the unique issues presented in caring for our juvenile and our elderly wards,” said Representative Pelanda.

“The recent allegations regarding widespread abuse in the guardianship system are serious and disturbing,” said Senator Jones. “This legislation is an important first step to ensure our most vulnerable Ohioan’s are treated with respect and dignity. I am grateful for the leadership of Attorney General DeWine and Representative Pelanda.”

For individuals who are not able to take care of their basic needs, finances, or medical issues, Ohio law gives probate courts the responsibility of assigning guardianship when less restrictive options are not feasible.   Currently in Ohio there are 65,000 people who are under the care of a guardian, and that number is expected to rise as the Baby Boom generation ages.

The Guide can be downloaded from the Ohio Attorney General’s website at www.OhioAttorneyGeneral.gov.

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Guardianship bill of rights developed