ABA Adopts Policy on Guardianship Bill of Rights and Due Process Protections

• Date: 01 September 2023

ABA Adopts Policy on Guardianship Bill of Rights and Due Process Protections By, Erica Costello, Senior Attorney, American Bar Association Commission on Law and Aging At the ABA Annual Meeting in August of 2023, the House of Delegates unanimously passed Resolution 506 , urging national, state, local, territorial, and tribal law and policy-making bodies to adopt the provisions of the “Guardianship Bill of Rights,” promulgated by the National Guardianship Network (NGN) in 2022, and to protect the right to Due Process in guardianship proceedings. The adoption of this Resolution furthers the ABA’s on-going guardianship reform e൵orts and recognizes the importance of having meaningful due process protections in guardianship and conservatorship proceedings. Resolution 506 was co-authored by the ABA Commission on Law and Aging (COLA) and the ABA Section on Civil Rights and Social Justice and is based upon recent recommendations from a taskforce established by the NGN. The NGN is comprised of representatives from various member organizations that advocate for quality guardianship practices and procedures, including ABA COLA and the ABA Section of Real Property, Trust, and Estate Law. In May of 2021, the NGN convened the Fourth National Guardianship Summit, virtually hosted by the Syracuse University College of Law. The purpose of the Summit was to review current guardianship policies and practices and make recommendations for reform over the next decade. At the Summit, 125 delegates...