Guardianship Bill of Rights: Protecting Autonomy for Older Adults and People with Disabilities
This Act establishes fundamental rights for older adults and people with disabilities facing or currently under guardianship or conservatorship. It mandates that courts prioritize less restrictive alternatives, such as supported decision-making, and guarantees the right to an independent lawyer who advocates for the individual's expressed wishes. The goal is to ensure citizens maintain significant control over their lives, including health, finances, and personal relationships, even when support is needed.
Key points
Guarantees the right to an independent, publicly funded lawyer who must represent the expressed wishes of the person under consideration for or in a protective arrangement.
Requires that guardianship or conservatorship be imposed only as a last resort, after exhausting all less restrictive decision support alternatives.
Establishes federal standards protecting inherent civil rights (like voting, marriage, health, and residency decisions) that cannot be restricted or require strict due process.
Expired
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