Casey Introduces Bill to Promote Alternatives to Guardianship

Unnecessary guardianship arrangements, which strip older adults and people with disabilities of their independence, have often led to abuse

Less restrictive options to guardianship can reduce the potential for abuse, but public awareness of these alternatives is limited

Casey’s bill provides resources to ensure greater awareness of alternatives to guardianship, such as supported decision-making and advance directives

Casey has long record of promoting alternatives to guardianship and protecting older adults and people with disabilities from abuse

Washington, D.C. - Today, U.S. Senator Bob Casey (D-PA), Chairman of the U.S. Senate Special Committee on Aging, introduced the Alternatives to Guardianship Education Act, which would protect older adults and people with disabilities from abuse by helping educators, health care providers, court workers, and family member learn about alternatives to guardianship. Guardianships are legal relationships created when a court determines that a person is incapable of making important decisions on their own. While unnecessary guardianship arrangements—which can strip older adults and people with disabilities of their independence—have often led to abuse, public awareness of potential alternatives is limited. Chairman Casey’s new bill would invest in educating people who frequently interact with older adults and people with disabilities about alternatives to guardianship, such as supported decision-making and advance directives, which may reduce the potential for abuse.

“While celebrity cases may have shone the national spotlight onto guardianships and the potential for abuse that they pose, we have a lot more work to do to increase public awareness of the alternative options that exist,” said Chairman Casey (D-PA). “My legislation would provide resources for a public education campaign that ensures people know about alternatives to guardianship that protect Americans’ civil rights while getting them the support they need.”

Chairman Casey’s new bill is just the latest step he has taken to promote alternatives to guardianship and protect older adults from abuse. In July 2021, Chairman Casey and U.S. Senator Elizabeth Warren (D-MA) sent a letter to Health and Human Services Secretary Xavier Becerra requesting information on what data efforts are in place to determine the status of guardianships across the country and what efforts the Department was making to promote alternatives to guardianships. In October 2021, Chairman Casey introduced the Guardianship Accountability Act, which would provide accountability and oversight into guardianships, promote best practices, and provide funding and training to spot abuse. He also published an Op-Ed in BuzzFeed News about how Britney Spears’ conservatorship case helped shed light on broader issues surrounding guardianships and conservatorships for seniors and people with disabilities.

In 2023, Casey held an Aging Committee hearing entitled, “Guardianship and Alternatives: Protection and Empowerment,” which examined a litany of the issues facing older adults and people with disabilities in guardianships. At the hearing, he introduced the Guardianship Bill of Rights Act, which would promote alternative arrangements to guardianships and create standards that would protect the civil rights of people living under guardianships.

Read more about Casey’s new bill, the Alternatives to Guardianship Education Act, here.

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