AARP Backs Guardianship Reforms and Oversight

AARP advocacy yields wins

AARP, through its state offices, has supported advances such as:

• Alabama’s Supreme Court issued an order creating a Commission on Adult Guardianships and Conservatorships.
• Colorado’s Office of Public Guardianship requires a background check for appointed guardians.
• District of Columbia’s COVID-19 response includes requiring a guardian to inform an individual’s family member of a major change in circumstances related to the pandemic.
• Montana’s judges now must consider less restrictive options before appointing a guardian.
• Texas’ distinction as the first state to recognize supported decision-making agreements as an alternative to guardianship. AARP worked with another nonprofit, Texas Appleseed, to create guides in English and Spanish to help family and friends serving as supporters to understand their roles under the law.

Importantly, AARP was a key voice in the drafting of a new uniform act on guardianship aimed at updating state laws to address critical issues, including requiring a judge to explore other options before appointing a guardian and making guardianship a last resort. The measure has been enacted in its entirety in Maine and Washington and partially in Iowa, Nevada, New Mexico, Minnesota, Mississippi and South Carolina.

More work ahead

“AARP’s advocacy was a crucial component to the enactment of many new reforms across the country to update and strengthen outdated guardianship laws and standards,” says Diana Noel, director of family and caregiving in government affairs at AARP. “While we have made great progress, there is still more to do, and we look forward to continuing our work on this important issue.”

Guardianship laws vary by state. In May 2021, AARP joined 125 advocates, family guardians, judges, lawyers, scholars and other stakeholders at the Fourth National Guardianship Summit, to discuss the country’s adult guardianship system, with dual goals: maximizing autonomy and ensuring accountability. Summit delegates approved 22 recommendations for reforms that can help states make improvements.

AARP recognizes that guardianship reform means more than updating state laws; it requires working with state courts and other stakeholders to improve the day-to-day practice of guardianship. That’s where Working Interdisciplinary Networks of Guardianship Stakeholders (WINGS) come in. More than half of states have these or similar working groups. AARP is proud to have a seat at the table with these organizations, including Oregon WINGS, which states: “By combining the efforts of all stakeholders, we can improve judicial processes, better protect individual rights, and promote fiduciary standards and guardian accountability.”

AARP shares those aims, which align perfectly with its bedrock principles: empowering people to choose how they live as they age and to lead their best lives possible.