On August 15, 2023, CPR submitted written comments to the Administration for Community Living (ACL) on its Notice of Proposed Rulemaking (NPRM) that seeks to modernize the implementing regulations of the Older Americans Act of 1965 (OAA).
In its comments, CPR applauded ACL for including provisions recognizing the importance of promoting less-restrictive alternatives to guardianship, including Supported Decision-Making (SDM). CPR also offered suggestions for improving the regulations, including further limiting the circumstances under which area agencies on aging (AAAs) can provide legal assistance to petitioners seeking guardianship. In addition, CPR recommended funding for initiatives that advance alternatives to guardianship through proactive outreach, training, legal assistance, and innovation projects aimed at older adults, including those that improve access to augmentative and alternative communication (AAC). These comments built upon the recommendations made in the 2022 law review article on SDM and older adults, which CPR co-authored to inform the deliberations of the Fourth National Guardianship Summit.
CPR was joined in these comments by key partners, including CommunicationFIRST, the Disability Rights Education and Defense Fund, the National Disability Rights Network, and Quality Trust for Individuals with Disabilities.