Over the past 30 years, all states have made important improvements in their states guardianship laws.  Each year, states pass about 25 to 45 guardianship related bills.  For summaries of the changes each year, see the ABA Commission on Law and Aging legislative updates. 

Recent legislation has included changes in: 

• Requirements for screening for less restrictive ways of decision-making without the appointment of a guardian. 

• Safeguards in the process of appointing a guardian.  For example, improving the notice given to the person, strengthening requirements for legal representation, and ensuring the person’s presence at the guardianship hearing if possible. 

• Enhanced ways for the court to evaluate a person’s abilities and limitations that enable the court  to find that the person does not need a guardian, or needs a guardian for only some decisions, or for only a limited period.  

• Clarification of the guardian’s duties and powers and providing for guardian training and standards.

• Monitoring the guardian after appointment through reports, accountings and investigations.

• Funding for public programs to serve as guardian when no one else is available.