Sen. Duckworth Introduces Bill to Create a National Guardianship Bill of Rights
A bill to establish rights for people being considered for and in protective arrangements, including guardianships and conservatorships, or other arrangements, to provide decision supports.
This bill is currently in the early stages of the legislative process. It was recently introduced in the Senate and sent to the Committee on Health, Education, Labor, and Pensions for review. No further actions are scheduled at this time.
While there is growing public interest in fixing the guardianship system, this bill is in the early stages and faces a long road through committees without clear bipartisan support yet.
The bill addresses the transition from school to adulthood for students with disabilities, who may be placed in guardianships as they turn 18. It requires standards that promote supported decision-making within local educational agencies and includes school personnel on the council. This could help students retain more autonomy as they leave the school system.
“system standards that promote supported decisionmaking arrangements and other alternative arrangements for decisionmaking arrangements, including decisionmaking arrangements within local educational agencies”
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Sent to a congressional committee for expert review. The committee decides whether this bill moves forward.
Introduced in Senate
The bill was officially filed and given a number. It now enters the legislative queue.
No votes have been recorded for this legislation yet.
Senators Tammy Duckworth, Bernie Sanders, and John Fetterman introduced the Guardianship Bill of Rights Act of 2026 to protect individuals from exploitative legal arrangements. The bill codifies rights to independent counsel and requires courts to prioritize supported decision-making.
The Trump administration announced a new effort to initiate legal guardianships for hundreds of veterans, prompting a legislative response from Senate Democrats. The Guardianship Bill of Rights Act aims to counter this policy by ensuring veterans retain autonomy and access to legal counsel.
Advocates warn that a new DOJ–VA partnership could strip civil rights from homeless veterans through guardianship proceedings. In response, the Guardianship Bill of Rights Act of 2026 has been proposed to mandate less restrictive alternatives and guarantee independent legal representation.
Document Type
Congressional Bill
Official Title
A bill to establish rights for people being considered for and in protective arrangements, including guardianships and conservatorships, or other arrangements, to provide decision supports.
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