Sec. 2. Findings and purpose
171 words·~1 min read·
/bill/118/hr/8328/ih/section-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Congress finds the following: Guardianship, although at times necessary, can negatively affect the person under guardianship by reducing or eliminating their self-determination and autonomy. Although State courts and State laws attempt to provide some procedures to appoint trustworthy guardians, incidents of physical, financial, emotional, psychological, and other types of abuse have occurred to people under guardianship arrangements. Once guardianship arrangements are in place, restoration of rights rarely occurs.
Less restrictive options to guardianship, such as supported decisionmaking and advance directives, offer ways to help people make decisions without losing their independence. Awareness of guardianship alternatives by personnel that interact with individuals facing guardianship determinations, including health care workers, educators, family members, and court workers and court-related personnel, may help reduce unnecessary guardianship arrangements and preserve decisionmaking rights.
Families and disability support personnel have reported that they have limited awareness of guardianship alternatives. The purpose of this Act is to improve the awareness of guardianship alternatives, for health care workers, educators, family members, and court workers and court-related personnel, through education programs.