Guardianship Accountability Act of 2018

Mr. President. As Chairman of the Senate Aging Committee, I rise today to introduce the ``Guardianship Accountability Act of 2018,'' a bill that would assist States in improving guardianship oversight and data collection. I am pleased to be joined by our Committee's Ranking Member, Senator Bob Casey.

Protecting older Americans from financial fraud and exploitation is one of my top priorities. According to the National Center for State Courts, an estimated 1.3 million adults are under the care of guardians--family members or professionals--who control approximately $50 billion of their assets. Guardianship is a legal relationship created by a court that is designed to protect those with diminished or lost capacity. In many cases, however, the system lacks basic protections leaving the most vulnerable Americans at risk of exploitation.

Today, the Aging Committee released a bipartisan report to help change the tide, implement reforms, and restore trust in guardianship. Titled, ``Ensuring Trust: Strengthening State Efforts to Overhaul the Guardianship Process and Protect Older Americans,'' the report is the culmination of the Committee's year-long work investigating the guardianship system.

Throughout the course of the year, we heard harrowing tales from families around the Nation who have struggled with abusive guardians. We also spoke with families who had heartening stories to share--of dedicated and faithful guardians stepping up to protect the assets of seniors with dementia and other conditions affecting capacity. A good guardian can provide years of support for a protected individual, ensuring a full life directed, wherever possible, by the person's own choices and preferences. Once a guardianship is imposed, however, the individual's rights are removed, and oversight to protect the individual from abuse, neglect, and exploitation becomes critical.

Our Committee has gathered information, analysis and recommendations from States, courts, and organizations representing older Americans and those with disabilities around the country, and received more than 100 comments pointing to gaps in the system and, most important, offering solutions. The Committee found a pattern of barriers to proper oversight and a need for greater use of alternatives to guardianship. We identified persistent and widespread challenges that require a nationwide focus in order to ensure the guardianship system works on behalf of the individuals it is intended to protect. The Committee's report outlines policy recommendations at local, state, and federal levels that would improve outcomes for Americans subject to guardianship.

The Guardianship Accountability Act addresses many of our report's recommendations. The bill would direct the Elder Justice Coordinating Council to establish a National Online Resource Center on Guardianship to collect and publish information relevant to guardianship for use by guardians, individuals subject to guardianship, courts, states, local governments, and community organizations. The resource center would also publish model legislation and best practices developed pursuant to the Elder Abuse Prevention and Prosecution Act, compile and publish training materials for guardians, share research related to guardianship, and maintain a database on State laws regarding guardianship and the use of less restrictive alternatives. In addition, the bill would also expand the availability of Federal demonstration grants, established by the Elder Justice Act, to include use for the development of State guardianship databases, training for court visitors, and sharing of information on guardian background checks.

Combating financial abuse and exploitation of seniors requires law enforcement and social service agencies at all levels of government to work collaboratively together, which the Guardianship Accountability Act promotes. I'm proud to have worked on this bill with Senator Casey, and I urge my colleagues to support it.

Mr. President. As Chairman of the Senate Aging Committee, I rise today to introduce the ``Guardianship Accountability Act of 2018,'' a bill that would assist States in improving guardianship oversight and data collection. I am pleased to be joined by our Committee's Ranking Member, Senator Bob Casey.

Protecting older Americans from financial fraud and exploitation is one of my top priorities. According to the National Center for State Courts, an estimated 1.3 million adults are under the care of guardians--family members or professionals--who control approximately $50 billion of their assets. Guardianship is a legal relationship created by a court that is designed to protect those with diminished or lost capacity. In many cases, however, the system lacks basic protections leaving the most vulnerable Americans at risk of exploitation.

Today, the Aging Committee released a bipartisan report to help change the tide, implement reforms, and restore trust in guardianship. Titled, ``Ensuring Trust: Strengthening State Efforts to Overhaul the Guardianship Process and Protect Older Americans,'' the report is the culmination of the Committee's year-long work investigating the guardianship system.

Throughout the course of the year, we heard harrowing tales from families around the Nation who have struggled with abusive guardians. We also spoke with families who had heartening stories to share--of dedicated and faithful guardians stepping up to protect the assets of seniors with dementia and other conditions affecting capacity. A good guardian can provide years of support for a protected individual, ensuring a full life directed, wherever possible, by the person's own choices and preferences. Once a guardianship is imposed, however, the individual's rights are removed, and oversight to protect the individual from abuse, neglect, and exploitation becomes critical.

Our Committee has gathered information, analysis and recommendations from States, courts, and organizations representing older Americans and those with disabilities around the country, and received more than 100 comments pointing to gaps in the system and, most important, offering solutions. The Committee found a pattern of barriers to proper oversight and a need for greater use of alternatives to guardianship. We identified persistent and widespread challenges that require a nationwide focus in order to ensure the guardianship system works on behalf of the individuals it is intended to protect. The Committee's report outlines policy recommendations at local, state, and federal levels that would improve outcomes for Americans subject to guardianship.

The Guardianship Accountability Act addresses many of our report's recommendations. The bill would direct the Elder Justice Coordinating Council to establish a National Online Resource Center on Guardianship to collect and publish information relevant to guardianship for use by guardians, individuals subject to guardianship, courts, states, local governments, and community organizations. The resource center would also publish model legislation and best practices developed pursuant to the Elder Abuse Prevention and Prosecution Act, compile and publish training materials for guardians, share research related to guardianship, and maintain a database on State laws regarding guardianship and the use of less restrictive alternatives. In addition, the bill would also expand the availability of Federal demonstration grants, established by the Elder Justice Act, to include use for the development of State guardianship databases, training for court visitors, and sharing of information on guardian background checks.

Combating financial abuse and exploitation of seniors requires law enforcement and social service agencies at all levels of government to work collaboratively together, which the Guardianship Accountability Act promotes. I'm proud to have worked on this bill with Senator Casey, and I urge my colleagues to support it.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.