Findings and purpose

(a) Findings Congress finds the following: (1) At least 1,300,000 people in the United States are in some type of guardianship or other protective arrangement. (2) A majority of guardianships are plenary and strip almost all rights from individuals, with the restoration of rights being very rare. (3) Guardianship can have grave implications limiting the liberty of people in such an arrangement. (4) Overbroad, restrictive, and unnecessary guardianships, conservatorships, and other protective arrangements can dramatically curtail the rights of older adults and persons with disabilities. (5) A person who is being considered for a protective arrangement, or is in a protective arrangement, including an individual in a guardianship or conservatorship, has a set of fundamental rights including— (A) a right, prior to the imposition of a protective arrangement, to exhaust less restrictive alternative arrangements for supports; (B) (i) a right to an alternative arrangement, for anyone who needs decision supports but does not need a guardianship or conservatorship; and (ii) a right to a supported decisionmaking arrangement for anyone who needs decision supports, whether being considered for or in a protective arrangement; (C) a right to an independent, qualified lawyer who— (i) speaks solely for the person who is being considered for a guardianship or other protective arrangement, or who is in a protective arrangement; (ii) is free of a conflict of interest with the person’s family members, and the corresponding governmental entities, social service agencies, and courts; (iii) represents the expressed wishes of the person who is being considered for or who is in a protective arrangement; (iv) is compensated at a reasonable fee through the use of public funds, if the person is not able to pay; and (v) is appointed by the court involved, if the person does not prefer to have a lawyer of the person’s own choosing; (D) the right to significant input and full participation into decisions about their life, including their health, education, finances, employment, housing, relationships, parenthood, politics, religious activities, and social activities, and other basic decisions affecting their life; (E) if in a protective arrangement, the right to a reasonable, timely method and information for reviewing, modifying, and discontinuing the protective arrangement; (F) if in a protective arrangement, the right to, at a minimum, an annual meaningful review of their protective arrangement that includes representation by a lawyer described in subparagraph (C); and (G) a right to the least restrictive arrangement to provide support to a covered individual needing decision supports. (b) Purpose The purpose of this Act is to create a process to establish a bill of rights for covered individuals who are being considered for or who are in a guardianship, conservatorship, supported decisionmaking arrangement, or other alternative arrangement, regarding the decisions of the individuals to ensure the fundamental rights of each such individual are protected and the individual has significant input into arrangements of the types described in this subsection.