Ms. Warren, in a separate statement, described a system with “longstanding gaps that can strip people of basic rights.”
Both the Departments of Justice and Health and Human Services“have previously stepped in to provide federal support for guardianship reforms and establish national reporting as it relates to older Americans,” she said. “But the lack of federal data on the prevalence of conservatorships and guardianships of all kinds has made it difficult to enact policy changes.”
The National Center for State Courts estimates that there are 1.3 million active conservatorships in the United States overseeing at least $50 billion in assets, but the group notes that the estimate is based on a “handful” of states that provide reasonably reliable data on conservatorships. Each state manages its own system of conservatorship, and data collection varies widely from state to state.
In particular, the senators highlighted a lack of data on the potential for discrimination in the conservatorship system on the basis of “race and ethnicity, age, sex, gender identity, sexual orientation, and type of disability of those subject to a guardianship.”
That assessment is supported by independent government agencies who have studied conservatorships. A report by the Government Accountability Office in 2016 noted that “the extent of elder abuse by guardians nationally is unknown.” The National Council on Disability said in 2018 that it “cannot say for sure whether guardianship is a growing trend or if its popularity is waning,” adding that the lack of data makes it difficult to recommend policy changes.