Summary: H.R.5266 — 100th Congress (1987-1988)All Information (Except Text)

There is one summary for H.R.5266. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (09/08/1988)

National Guardianship Rights Act of 1988 - Grants the following rights to allegedly incapacitated individuals with respect to guardianship proceedings: (1) the nonwaivable right of prompt notice that includes specified required contents; (2) the right to a convenient forum; (3) the right to be present at all proceedings, unless disability prevents attendance; (4) the right to counsel; and (5) the right to an independent professional guardianship evaluation team of specified membership to examine the individual, report, and be available for cross examination during the guardianship proceedings. Requires dismissal of the guardianship action if the team determines the individual to be free of any incapacity.

Grants the right to a jury in a guardianship proceeding, as well as the right to present evidence, call witnesses, and cross examine.

Requires clear and convincing evidence that an individual is incapacitated and that no less restrictive form of intervention is available before a guardianship order may be issued. Discounts age as a basis for determining incapacity.

Limits both the scope and duration of transfers of responsibility for the care and protection of an incapacitated person or the management of his or her estate to the minimum necessitated by the particular incapacity. Permits the individual to retain all rights not expressly transferred in the guardianship order. Dissolves the order if its justification ceases to exist.

Grants to an incapacitated individual the right to a competent and trained guardian. Prohibits convicted felons from serving as guardians.

Permits the right of appeal and the right to a prompt reconsideration of the determination of incapacity, the guardianship order, or the choice of guardian.

Requires: (1) guardians to report to the court at least annually on the financial, mental, physical, and personal status of the incapacitated person; and (2) courts to investigate at least annually the well-being of persons protected under their guardianship orders.

Directs States to submit to the Attorney General implementation plans indicating compliance with this Act. Describes procedures and timetables associated with these plans, including mandatory sanctions for States that fail to comply.

Authorizes waiver of this Act's provisions if necessary to provide an emergency guardianship of up to 72 hours to provide emergency medical treatment or shelter for an individual.

Empowers the Attorney General to make grants to the States to enable compliance with this Act. Enumerates permitted grant uses. Describes application and selection procedures. Authorizes appropriations.

Permits States to impose additional or more extensive protections that do not conflict with this Act.