Scanlon, Casey Introduce Bill to Preserve Decision-Making Rights for Older Adults and People with Disabilities

Washington, DC — Congresswoman Mary Gay Scanlon (PA-05) today joined Senator Bob Casey (D-PA), Chairman of the U.S. Senate Special Committee on Aging, in introducing the Alternatives to Guardianship Education Act to improve the awareness of guardianship alternatives for health care workers, educators, family members, and court workers and court-related personnel through education programs. 

Although some procedures exist to ensure guardian trustworthiness, egregious incidents of abuse have occurred to people under guardianship. Less restrictive alternatives to guardianship, such as supported decision-making and advance directives, offer ways to help people make decisions without losing their independence. However, public awareness of these alternatives may be limited. Awareness of guardianship alternatives by people who frequently interact with older adults, people with disabilities, and other individuals at risk of guardianship determinations may help reduce unnecessary guardianship arrangements and preserve decision-making rights.

“It’s important to protect vulnerable members of our communities from overly invasive restrictions to their independence and self-determination,” said Rep. Scanlon. “Guardianship should be a last resort to be used only when there are no suitable, less restrictive options. I’m proud to join Senator Casey in introducing this bill to help increase awareness of less restrictive supports available to our neighbors who need help making decisions and managing life.” 

“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 Senator Casey. “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.”

The bill is endorsed by: Brain Injury Association of America, National Association of Councils on Developmental Disabilities, Paralyzed Veterans of America, Tuberous Sclerosis Complex Alliance, National Down Syndrome Society, Center for Public Representation, UniqueSource (PA), The National Association of State Use Programs (SUPRA), Justice in Aging, and New Disabled South.

Specifically, the Alternatives to Guardianship Education Act will:

  • Provide funding to eligible entities to implement education programs to improve 
  • awareness of guardianship alternatives.
  • Require that programs providing education about guardianship alternatives include:  
    • Discussions about the background of guardianship, the possible consequences of unnecessary guardianship, and the need for guardianship alternatives. 
    • Descriptions of various guardianship alternatives available in the State(s).
    • Curriculum tailored to the needs of the target populations.
    • Strategies to reach underserved populations and hire instructors with a diverse range of disabilities. 
    • Materials and instruction in accessible formats.
  • Require States to collect guardianship data (e.g., demographic information, length of 
  • guardianship arrangements, types of guardianships). 
  • Establish an advisory council to advise the Secretary on the grants and programs carried out in this Act.

Find the full text of the bill here

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