S. 4247 — Guardianship Bill of Rights Act of 2026

This section states congressional findings on guardianships and protective arrangements, including that at least 1,300,000 people are in such arrangements, a majority are plenary and rarely allow rights restoration, such arrangements can limit liberty and curtail rights of older adults and persons with disabilities, and affected individuals have fundamental rights to less restrictive alternatives (e.g., supported decision-making), independent qualified counsel compensated by public funds if needed, significant input into life decisions, timely reviews and modifications of arrangements, and annual reviews with counsel. It declares the purpose of the Act to create a process establishing a bill of rights for covered individuals being considered for or in guardianship, conservatorship, supported decision-making, or other alternatives to protect their fundamental rights and ensure significant input into such arrangements.

This section defines 18 terms used in the Act, including “covered individual” (i.e., an older adult aged 60 or older or person with a disability); “alternative arrangement” and “supported decisionmaking arrangement” (i.e., less restrictive options than guardianship to assist decision-making); “limited guardianship” (i.e., court-defined powers for a set duration); “plenary guardianship” (i.e., full decision-making authority due to incapacity); “protective arrangement” (i.e., limited court-authorized supports without incapacity finding or full guardianship); and cross-references to existing law for terms such as “disability” (Americans with Disabilities Act), “developmental disability” (Developmental Disabilities Assistance and Bill of Rights Act), “assistive technology device” (Assistive Technology Act), “protection and advocacy system,” “local educational agency,” and “State educational agency” (Elementary and Secondary Education Act).

This section establishes in the Department of Health and Human Services, not later than 180 days after enactment, a 30-member Guardianship and Other Protective Arrangements and Supported Decisionmaking Council to advise the Secretary on developing standards related to guardianships, conservatorships, supported decisionmaking arrangements, and other alternatives, including recommendations for a Guardianship Bill of Rights addressing the scope of fundamental rights (e.g., voting, marriage, reproductive and financial decisionmaking, health care, residency, and daily decisions), restrictions on those rights, due process protections, and their maintenance. The Council comprises specified members including covered individuals (five using supported decisionmaking and four in protective arrangements), family members, lawyers, judges, educators, health professionals, and representatives of relevant organizations; members serve 3-year terms renewable once, with diversity requirements and expedited filling of vacancies; and the Council elects a Chair and Vice Chair, with at least one from covered individuals. The Council must submit an initial report with recommendations within 2 years of establishment and subsequent reports every 2 years thereafter for a 10-year period to the Secretary and specified congressional committees (i.e., Senate Health, Education, Labor, and Pensions; Senate Special Committee on Aging; Senate Judiciary; House Education and Workforce; House Energy and Commerce; and House Judiciary).

This section directs the Secretary of Health and Human Services (HHS), acting through the Administrator for Community Living and with input from the Council, to develop standards for establishing, reviewing (at frequencies of not more than one year), modifying, and terminating guardianships, conservatorships, and other protective arrangements for covered individuals, including guaranteed legal representation, due process, limited arrangements when appropriate, full rights restoration options, and national/State data collection disaggregated by demographics (e.g., gender identity, race, ethnicity, sexual orientation, income, age, disability type). The section further directs the Secretary to develop standards promoting supported decision-making and other alternatives as default options (e.g., within education, health care, and courts); standards for transitioning individuals from guardianships or conservatorships to alternatives, including annual reviews or reviews upon request; and minimum standards for protective arrangements, including pre-establishment and periodic reviews by qualified guardianship review panels (e.g., lawyers, advocates, doctors, covered individuals) following background checks. HHS must make these standards accessible to covered individuals, families, courts, schools, and others. States seeking funding under title I of the Rehabilitation Act of 1973 (i.e., for vocational rehabilitation services that assist individuals with disabilities in obtaining employment) must assure in their state plans or client assistance program applications that they are implementing these standards.

This section establishes a Protection and Advocacy Program for oversight and monitoring of state and local guardianships, conservatorships, and other protective arrangements (i.e., legal mechanisms appointing a guardian or conservator to manage the personal or financial affairs of an incapacitated individual). The Secretary, acting through the Administration for Community Living, must make grants to each protection and advocacy system (established under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 for individuals with developmental disabilities) or American Indian Consortium to establish or expand such a program, provided the state or tribe has an oversight system authorized to pursue remedies to protect covered individuals' rights; provide legal representation in proceedings to establish, modify, or discontinue protective arrangements; offer information, referrals, training, and representation to enable alternatives such as supported decision-making agreements; and investigate guardianship abuse. (Grant funds may not be used for legal representation or services to establish or maintain guardianships or conservatorships.) It authorizes $50 million for FY2027 and each succeeding fiscal year.