II 

Calendar No. 450 

112TH CONGRESS 

2D SESSION S. 1744 

To provide funding for State courts to assess and improve the handling 

of proceedings relating to adult guardianship and conservatorship, to 

authorize the Attorney General to carry out a pilot program for the 

conduct of background checks on individuals to be appointed as guardians 

or conservators, and to promote the widespread adoption of information 

technology to better monitor, report, and audit conservatorships of protected persons. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 20, 2011 

Ms. KLOBUCHAR (for herself, Mr. NELSON of Florida, Mr. CORNYN, and Mr. 

COONS) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

JULY 12, 2012 

Reported by Mr. LEAHY, with an amendment and an amendment to the title 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To provide funding for State courts to assess and improve 

the handling of proceedings relating to adult guardianship and conservatorship, to authorize the Attorney General to carry out a pilot program for the conduct of 

background checks on individuals to be appointed as 

guardians or conservators, and to promote the widespread adoption of information technology to better monVerDate Mar 15 2010 22:10 Jul 12, 2012 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S1744.RS S1744

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itor, report, and audit conservatorships of protected persons. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Guardian Account5 ability and Senior Protection Act’’. 

6 TITLE I—STATE COURT 

7 IMPROVEMENT 

8 SEC. 101. FUNDING FOR STATE COURTS TO ASSESS AND IM9 PROVE HANDLING OF PROCEEDINGS RELAT10 ING TO ADULT GUARDIANSHIP AND CON11 SERVATORSHIP. 

12 Part A of title IV of the Older Americans Act of 1964 

13 (42 U.S.C. 3032 et seq.) is amended— 

14 (1) in section 411(a)— 

15 (A) in the matter preceding paragraph (1), 

16 by inserting ‘‘(including the highest court of 

17 each State)’’ after ‘‘with States’’; 

18 (B) in paragraph (12), by striking ‘‘; and’’ 

19 and inserting a semicolon; 

20 (C) by redesignating paragraph (13) as 

21 paragraph (14); and 

22 (D) by inserting after paragraph (12) the 

23 following: 


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1 ‘‘(13) assessing the fairness, effectiveness, time2 liness, and accessibility of adult guardianship and 

3 conservatorship proceedings, implementing changes 

4 deemed necessary as a result of the assessments, 

5 and collecting necessary data regarding those pro6 ceedings and the impact of the necessary changes; 

7 and’’; and 

8 (2) by inserting at the end the following: 

9 ‘‘SEC. 423. FUNDING FOR STATE COURTS TO ASSESS AND 

10 IMPROVE HANDLING OF PROCEEDINGS RE11 LATING TO ADULT GUARDIANSHIP AND CON12 SERVATORSHIP. 

13 ‘‘(a) IN GENERAL.—The Assistant Secretary, in con14 sultation with the Attorney General, shall make grants, 

15 in accordance with this section, to the highest court of 

16 a State for the purpose of enabling such a court, in col17 laboration with the State unit on aging— 

18 ‘‘(1) to conduct assessments, in accordance with 

19 such requirements as the Secretary shall publish, of 

20 the role, responsibilities, and effectiveness of State 

21 courts in carrying out State laws requiring pro22 ceedings (conducted by or under the supervision of 

23 the courts)— 


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1 ‘‘(A) that determine whether to impose a 

2 full, limited, or temporary adult guardianship 

3 or conservatorship; 

4 ‘‘(B) that select a guardian of a person or 

5 conservator of an estate; 

6 ‘‘(C) that review the continued need for a 

7 full, limited, or temporary guardianship or con8 servatorship of an adult; and 

9 ‘‘(D) that review the performance of a per10 son appointed as guardian or conservator for an 

11 adult; 

12 ‘‘(2) to implement changes deemed necessary as 

13 a result of the assessments; and 

14 ‘‘(3) to collect data regarding those proceedings 

15 and the impact of the necessary changes. 

16 ‘‘(b) APPLICATIONS.—In order to be eligible for a 

17 grant under this section, a highest State court shall sub18 mit to the Assistant Secretary an application at such time, 

19 in such form, and including such information and assur20 ances as the Assistant Secretary shall require. 

21 ‘‘(c) ALLOTMENTS.—Each highest State court which 

22 has an application approved under subsection (b), and is 

23 conducting assessment activities in accordance with this 

24 section, may receive a grant from the Assistant Secretary, 

25 for each of fiscal years 2012 through 2015, from amounts 


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1 appropriated to carry out section 411, in an amount to 

2 be determined appropriate by the Assistant Secretary. 

3 ‘‘(d) USE OF GRANT FUNDS.—Each highest State 

4 court which receives funds under this section may use such 

5 funds to pay— 

6 ‘‘(1) any or all costs of activities under this sec7 tion in fiscal year 2012; and 

8 ‘‘(2) not more than 75 percent of the cost of ac9 tivities under this section in each of fiscal years 

10 2013, 2014, and 2015.’’. 

11 TITLE II—BACKGROUND 

12 CHECKS 

13 SEC. 201. DEFINITIONS. 

14 In this title: 

15 (1) ADVERSE INFORMATION.—The term ‘‘ad16 verse information’’ means— 

17 (A) information from a criminal history 

18 background check that indicates that the indi19 vidual has been convicted of a relevant crime; 

20 (B) information that the individual has 

21 been judicially determined to have committed 

22 abuse, abandonment, neglect, or financial or 

23 sexual exploitation of a child, spouse, or other 

24 adult; and 


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1 (C) information from an adult or child 

2 abuse registry that indicates that the individual 

3 is included in an adult or child abuse registry. 

4 (2) CONSERVATOR.—The term ‘‘conservator’’ 

5 means an individual who is appointed by a court 

6 under applicable State law to manage the estate of 

7 a protected person. Such definition shall not apply 

8 to— 

9 (A) a bank with trust powers, bank and 

10 trust company, or trust company organized 

11 under the laws of any State or of the United 

12 States and which is regulated by the commis13 sioner of commerce or a Federal regulator; or 

14 (B) a credit union, savings and loan, or 

15 other financial institution. 

16 (3) GUARDIAN.—The term ‘‘guardian’’ means 

17 an individual who is appointed by a court to protect 

18 an incapacitated individual’s personal or financial 

19 welfare. 

20 (4) PROTECTED PERSON.—The term ‘‘protected 

21 person’’ means an adult whom the court determines 

22 in a guardian or conservatorship proceeding is un23 able to manage property and accounts. 

24 (5) RELEVANT CRIME.—The term ‘‘Relevant 

25 crime’’ includes any felony or misdemeanor convicVerDate Mar 15 2010 22:10 Jul 12, 2012 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1744.RS S1744

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1 tion for abuse, neglect, fraud, misappropriation, mis2 representation, theft, conversion, or other financial 

3 crime, or such other types of offenses as a partici4 pating highest court of a State may specify for pur5 poses of conducting the pilot program in such State. 

6 SEC. 202. PILOT PROGRAM FOR NATIONAL AND STATE 

7 BACKGROUND CHECKS OF GUARDIANS AND 

8 CONSERVATORS. 

9 (a) AUTHORITY TO CONDUCT PROGRAM.—The At10 torney General, shall establish a pilot program to identify 

11 efficient, effective, and economical procedures for State 

12 courts to conduct background checks on prospective 

13 guardians and conservators. 

14 (b) REQUIREMENTS.— 

15 (1) REQUIREMENT TO CONDUCT BACKGROUND

16 CHECKS.—Under the pilot program under subsection 

17 (a), a State court, prior to appointing a prospective 

18 guardian or conservator on or after the commence19 ment date of the State pilot program, shall conduct 

20 a background check on the guardian or conservator 

21 in accordance with such procedures as the partici22 pating State shall establish pursuant to paragraph 

23 (2). 


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1 (2) PROCEDURES.—The procedures established 

2 by a participating highest State court under para3 graph (1) shall be designed to— 

4 (A) provide a prospective guardian or con5 servator with notice that the appointing court is 

6 required to perform background checks with re7 spect to prospective guardians or conservators; 

8 (B) require, as a condition of appointment, 

9 that the prospective guardian or conservator— 

10 (i) provide a statement signed by the 

11 prospective guardian or conservator au12 thorizing the appointing court to request 

13 national and State criminal history back14 ground checks; 

15 (ii) provide the appointing court with 

16 a set of the prospective guardian’s or con17 servator’s fingerprints; and 

18 (iii) provide information as to whether 

19 the individual has been suspended or dis20 barred from law, accounting, or other pro21 fessional licensing for misconduct involving 

22 financial matters that affect the ability of 

23 the individual to provide the services of a 

24 guardian or conservator safely and com25 petently; 


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1 (C) permit the courts to check any avail2 able State and national registries that would be 

3 likely to contain adverse information concerning 

4 a prospective guardian or conservator; and 

5 (D) permit the courts hearing guardian or 

6 conservatorship matters to obtain State and na7 tional criminal history background checks on 

8 the prospective guardian or conservator. 

9 (3) CONSIDERATION OF INFORMATION.—Prior 

10 to appointing an individual with respect to whom ad11 verse information is available as a guardian or con12 servator under a program under this title, the ap13 pointing court shall consider the nature of the infor14 mation or offense involved, the date of any offense, 

15 and evidence of the proposed guardian’s or conserva16 tor’s rehabilitation and determine whether the indi17 vidual’s appointment is in the best interest of the 

18 protected person. 

19 (4) USE OF INFORMATION; IMMUNITY FROM LI20 ABILITY.—A participating highest State court shall 

21 ensure that information obtained about the prospec22 tive guardian or conservator pursuant to a back23 ground check conducted under the State supreme 

24 court pilot program is used only for the purpose of 


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1 determining the suitability of the prospective guard2 ian or conservator for appointment. 

3 (c) PARTICIPATING STATES.— 

4 (1) IN GENERAL.—The Attorney General shall 

5 enter into agreements with not more than 5 States 

6 to conduct the pilot program under this section in 

7 such States. 

8 (2) REQUIREMENTS.—An agreement entered 

9 into under paragraph (1) shall require that a partici10 pating highest State court— 

11 (A) be responsible for monitoring compli12 ance with the requirements of the pilot pro13 gram; 

14 (B) have procedures by which a prospective 

15 guardian or conservator may appeal or dispute 

16 the accuracy of the information obtained in a 

17 background check, including consideration of 

18 the nature of the information or offense in19 volved, the date of offense, and the evidence of 

20 the prospective guardian’s or conservator’s re21 habilitation; 

22 (C) establish procedures requiring the 

23 courts hearing guardian or conservatorship 

24 matters to request criminal history background 

25 checks of prospective guardians or conservators 


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1 and review the results of any State or national 

2 criminal history background check regarding a 

3 prospective guardian or conservator to deter4 mine whether the prospective guardian or con5 servator has any conviction for a relevant crime; 

6 (D) keep data on the background checks 

7 performed to be readily accessible for the eval8 uation; and 

9 (E) agree to obtain from the State, non10 Federal contributions, in cash or in-kind, to11 ward the costs of carrying out the pilot pro12 gram in an amount equal to not less than $1 

13 for each $4 of Federal funds provided to the 

14 court under this section. 

15 (3) APPLICATION AND SELECTION CRITERIA.— 

16 (A) APPLICATION.—The highest State 

17 court seeking to participate in the pilot pro18 gram established under this section, shall sub19 mit an application to the Attorney General con20 taining such information and at such time as 

21 the Attorney General may specify. 

22 (B) SELECTION CRITERIA.— 

23 (i) IN GENERAL.—In selecting highest 

24 State court to participate in the pilot proVerDate Mar 15 2010 22:10 Jul 12, 2012 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S1744.RS S1744

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1 gram under this section, the Attorney Gen2 eral shall establish criteria to ensure— 

3 (I) geographic diversity; 

4 (II) the consideration of a variety 

5 of payment mechanisms for covering 

6 the costs of conducting the back7 ground checks required under the 

8 pilot program; and 

9 (III) that at least one partici10 pating highest State court includes 

11 protected person abuse prevention 

12 training for prospective guardians or 

13 conservators as part of the pilot pro14 gram conducted in that State. 

15 (ii) INCLUSION OF STATES WITH EX16 ISTING PROGRAMS.—Nothing in this sec17 tion shall be construed as prohibiting any 

18 State which, as of the date of the enact19 ment of this Act, has procedures for con20 ducting background checks with respect to 

21 the appointment of guardians or conserva22 tors from being selected to participate in 

23 the pilot program conducted under this 

24 section. 


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1 (d) PAYMENTS.—Of the amounts made available 

2 under subsection (f) to conduct the pilot program under 

3 this section, the Attorney General shall— 

4 (1) make payments to participating highest 

5 State courts for the costs of conducting the pilot 

6 program in such States which may include the ad7 ministration of the pilot program, staffing, the cost 

8 of background checks, and other purposes as deter9 mined by the Attorney General; and 

10 (2) reserve up to 4 percent of such amounts to 

11 conduct the evaluation required under subsection 

12 (e). 

13 (e) EVALUATION.—The Attorney General shall, 

14 through grant, contract, or interagency agreement, con15 duct an evaluation of the pilot program conducted under 

16 this section. Such evaluation should— 

17 (1) review the various procedures implemented 

18 by participating highest State courts for the conduct 

19 of background checks of prospective guardians or 

20 conservators and identify the most efficient, effec21 tive, and economical procedures for conducting such 

22 background checks; 

23 (2) assess the costs of conducting such back24 ground checks (including start-up and administra25 tive costs); 


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1 (3) consider the benefits and disadvantages as2 sociated with requiring prospective guardians or con3 servators to pay the costs of conducting such back4 ground checks; 

5 (4) determine the extent to which conducting 

6 such background checks leads to any unintended 

7 consequences, including a reduction in the available 

8 guardians or conservators or delay and backlogs in 

9 processing appointments; 

10 (5) to the extent feasible, seek to determine the 

11 efficacy of the pilot program in reducing abuse of 

12 protected persons and their estate by guardians or 

13 conservators; and 

14 (6) include other elements that would bear on 

15 the usefulness and effectiveness of the program. 

16 (f) FUNDING.—There are authorized to be appro17 priated to the Attorney General to carry out the pilot pro18 gram under this section, such sums as may be necessary 

19 for the period of fiscal years 2012 through 2015. 

20 TITLE III—E-FILE 

21 SEC. 301. DEFINITIONS. 

22 In this title: 

23 (1) ADULT.—The term ‘‘adult’’ means an indi24 vidual who is 18 years of age or older. 


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1 (2) CONSERVATOR.—The term ‘‘conservator’’ 

2 means an individual who is appointed by a court 

3 under applicable State law to manage the estate of 

4 a protected person. 

5 (3) EXPLOITATION.—The term ‘‘exploitation’’ 

6 means the fraudulent or otherwise illegal, unauthor7 ized, or improper act or process of a conservator 

8 that uses the resources of a protected person for the 

9 conservator’s monetary or personal benefit, profit, or 

10 gain, or that results in depriving a protected person 

11 of rightful access to, or use of, benefits, resources, 

12 belongings, services or assets. 

13 (4) GUARDIAN.—The term ‘‘guardian’’ means 

14 an individual who is appointed by a court to protect 

15 an incapacitated individual’s personal or financial 

16 welfare. 

17 (5) HIGHEST STATE COURT.—The term ‘‘high18 est State court’’ means the highest appellate court 

19 within a State. 

20 (6) PROTECTED PERSON.—The term ‘‘protected 

21 person’’ means an adult whom the court determines 

22 in a guardian or conservatorship proceeding is un23 able to manage property and accounts. 

24 SEC. 302. CONSERVATOR MONITORING GRANT PROGRAM. 

25 (a) GRANTS.— 


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1 (1) IN GENERAL.—The State Justice Institute, 

2 pursuant to the authority provided in the State Jus3 tice Institute Act of 1984 (42 U.S.C. 10701 et seq.), 

4 may award grants to eligible highest State courts to 

5 assist in improving conservator monitoring efforts 

6 through electronic filing. 

7 (2) DURATION.—Grants awarded under para8 graph (1) shall be for a period of not to exceed 3 

9 years. 

10 (b) USE OF FUNDS.— 

11 (1) IN GENERAL.—Amounts received under a 

12 grant awarded under subsection (a) shall be used to 

13 implement and evaluate the impact of systems ena14 bling the annual accountings and other required con15 servatorship filings to be completed, filed, reviewed, 

16 and analyzed electronically in order to simplify the 

17 filing process for conservators and better enable the 

18 courts to identify discrepancies and detect fraud and 

19 exploitation of protected persons. 

20 (2) ALLOCATION.—A highest State court that 

21 receives a grant under this section shall prioritize 

22 the use of the grant funds so as to assist the great23 est number of conservators and protect the greatest 

24 number of protected persons. 


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1 (c) APPLICATION.—A highest State court desiring a 

2 grant under subsection (a)(1) shall submit an application 

3 to the State Justice Institute at such time, in such man4 ner, and accompanied by such information as the State 

5 Justice Institute may require. 

6 SEC. 303. AUTHORIZATION OF APPROPRIATIONS. 

7 There are authorized to be appropriated to the State 

8 Justice Institute to carry out the activities under this title, 

9 such sums as may be necessary for the period of fiscal 

10 years 2012 through 2015. 

11 SECTION 1. SHORT TITLE. 

12 This Act may be cited as the ‘‘Guardian Account13 ability and Senior Protection Act’’. 

14 SEC. 2. ASSESSMENT AND IMPROVEMENT OF RULES AND 

15 PROCEDURES RELATING TO ADULT 

16 GUARDIANSHIPS AND CONSERVATORSHIPS. 

17 Section 411 of the Older Americans Act of 1964 (42 

18 U.S.C. 3032) is amended— 

19 (1) in subsection (a)— 

20 (A) in the matter preceding paragraph (1), 

21 by inserting ‘‘(including the highest court of each 

22 State)’’ after ‘‘with States’’; 

23 (B) in paragraph (12), by striking ‘‘; and’’ 

24 and inserting a semicolon; 


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1 (C) by redesignating paragraph (13) as 

2 paragraph (14); and 

3 (D) by inserting after paragraph (12) the 

4 following: 

5 ‘‘(13) in accordance with subsection (c), assess6 ing the fairness, effectiveness, timeliness, safety, integ7 rity, and accessibility of adult guardianship and con8 servatorship proceedings, including the appointment 

9 and the monitoring of the performance of guardians 

10 and conservators, and implementing changes deemed 

11 necessary as a result of the assessments; and’’; and 

12 (2) by inserting at the end the following: 

13 ‘‘(c) ADULT GUARDIANSHIPS AND

14 CONSERVATORSHIPS.— 

15 ‘‘(1) GRANTS.— 

16 ‘‘(A) IN GENERAL.—In awarding grants or 

17 contracts under subsection (a)(13), the Assistant 

18 Secretary shall obtain feedback from the State 

19 Justice Institute in accordance with subpara20 graph (B) and may consult with the Attorney 

21 General, and such grants or contracts shall oth22 erwise comply with this subsection. 

23 ‘‘(B) STATE JUSTICE INSTITUTE.—The As24 sistant Secretary shall submit to the State Jus25 tice Institute recommendations for the awarding 


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1 of grants or contracts under subsection (a)(13). 

2 The Institute shall have 60 days in which to sub3 mit to the Assistant Secretary the response of the 

4 Institute to such recommendations. The Assistant 

5 Secretary shall consider such response prior to 

6 awarding such grants or contracts. 

7 ‘‘(2) GRANTEES AND ACTIVITIES.—Grants may 

8 be awarded under subsection (a)(13) to the highest 

9 court of each State for the purpose of enabling such 

10 court, in collaboration with the State unit on aging 

11 and State adult protective service agency— 

12 ‘‘(A) to conduct assessments of the practices 

13 and procedures used to— 

14 ‘‘(i) determine whether to impose a 

15 full, limited, or temporary adult guardian16 ship or conservatorship; 

17 ‘‘(ii) select a guardian of a person or 

18 conservator of an estate; 

19 ‘‘(iii) review the continued need for a 

20 full, limited, or temporary guardianship or 

21 conservatorship of an adult; and 

22 ‘‘(iv) review the performance of guard23 ians or conservators; 

24 ‘‘(B) to implement changes deemed nec25 essary as a result of the assessments; and 


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1 ‘‘(C) to collect data regarding those prac2 tices and procedures and the impact of the nec3 essary changes. 

4 ‘‘(3) ALLOTMENTS.—The amount of a grant 

5 under subsection (a)(13) shall be determined by the 

6 Assistant Secretary, in consultation with the State 

7 Justice Institute and the Attorney General (if the As8 sistance Secretary determines appropriate). 

9 ‘‘(4) BACKGROUND CHECKS.—The Assistant Sec10 retary shall set aside 25 percent of amounts made 

11 available for grants under this subsection in each fis12 cal year to enable courts to implement or improve 

13 systems to conduct background checks on prospective 

14 guardians and conservators. Such systems shall com15 ply with the following requirements: 

16 ‘‘(A) At minimum, the background checks 

17 shall include national and State criminal back18 ground checks, a search of child abuse and adult 

19 abuse registries, and a search as to whether the 

20 individual has been suspended or disbarred from 

21 law, accounting, or other professional licensing 

22 for misconduct. 

23 ‘‘(B) The court shall consider all of the in24 formation obtained from the background check to 

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1 ciently trustworthy to be a guardian or conser2 vator and that the appointment of such indi3 vidual is in the best interest of the protected per4 son. 

5 ‘‘(C) The information obtained from the 

6 background check shall only be used for the pur7 pose of determining the suitability of the pro8 spective guardian or conservator for appoint9 ment. 

10 ‘‘(5) ELECTRONIC FILING.—Funds received pur11 suant to subsection (a)(13) may be used to implement 

12 systems enabling the annual accountings and other 

13 required conservatorship and guardianship filings to 

14 be completed, filed, and reviewed electronically in 

15 order to simplify the filing process for conservators 

16 and guardians, and better enable the courts to iden17 tify discrepancies and detect fraud and the exploi18 tation of protected persons. 

19 ‘‘(6) EVALUATION AND REPORT.—The Assistant 

20 Secretary, in consultation with the Attorney General 

21 and the State Justice Institute, shall conduct an eval22 uation of the improvements made by courts to which 

23 this subsection applies, and prepare and submit a re24 port concerning such evaluation to Congress within 

25 18 months of the date on which the first grant is 


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1 awarded under subsection (a)(13), and a second re2 port 18 months later, and shall use and distribute the 

3 reports and evaluations as the Assistant Secretary, in 

4 consultation with the Attorney General and the State 

5 Justice Institute, determines appropriate in order to 

6 improve guardianships and conservatorships nation7 wide.’’. 

Amend the title so as to read: ‘‘A bill to enable State 

courts to assess and improve the rules and procedures relating to adult guardianships and conservatorships.’’. 


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Calendar No. 450 

112TH CONGRESS 

2D SESSION S. 1744 

A BILL 

To provide funding for State courts to assess and 

protected persons. monitor, report, and audit conservatorships of adoption of information technology to better conservators, and to promote the widespread on individuals to be appointed as guardians or program for the conduct of background checks thorize the Attorney General to carry out a pilot adult guardianship and conservatorship, to auimprove the handling of proceedings relating to 

JULY 12, 2012 

Reported with an amendment and an amendment to the 

title 


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