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

Collins urges VA to protect veterans from financial scams

U.S. Sen. Susan Collins (R-ME), chairman of the Senate Aging Committee, sent correspondence Nov. 8 urging Veterans Affairs (VA) Secretary Robert Wilkie to increase protections against scams targeting veterans.

The letter specifically asked Wilkie to ensure that the VA was taking necessary steps to alert veterans to targeted scams and to gather information about what protective steps the department has already taken. It was co-signed by the 12 members of the Aging Committee, including Committee Ranking Member Bob Casey (D-PA).

Prior to the letter, Sens. Collins and Casey held a committee hearing on Nov. 6 that focused on the importance of preventing veteran-targeted scams and aggressively prosecuting the individuals behind the scams.

“One issue that calls for our immediate action is to fight a newer enemy facing our veterans – relentless criminals who seek to rob them of their life savings and defraud them of the benefits they have earned in service to our country,” Sen. Collins said. “Veterans and their families have a right to expect that the nation they served will fight to protect them.”

According to a 2017 AARP study noted by Sen. Collins’ office, veterans were twice as likely to lose money to scams than non-veterans, with 80 percent of those being targeted with scams pertaining to their veteran status.

“As scammers become more sophisticated in their efforts, it is imperative that VA play an active role in combatting financial exploitation posed by scammers,” the senators wrote to Wilkie.

“Veterans and their families have a right to expect that the nation they served will fight to protect them from such unscrupulous tactics… It is critical that Congress fully understands how our nation’s veterans are affected by financial fraud, and what Veterans Affairs is doing to protect them.”

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Collins urges VA to protect veterans from financial scams