S 2765 · 100th Congress · Law

National Guardianship Rights Act of 1988

Introduced 1988-09-08· Sponsored by Sen. Glenn, John H., Jr. [D-OH]· Senate

Bill Progress

Introduced
2
Committee
3
Senate Vote
4
House
5
Enacted
Latest: Referred to Subcommittee on Constitution.(1988-09-26)

Plain Language Summary

[AI summary unavailable — showing source text] 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 per…

Summarized by Claude AI · Non-partisan · For informational purposes only

Cosponsors (3)

2 Democrats1 Republican