# Plain Language Summary of the FREE Act

This bill addresses a serious problem: people under guardianship or conservatorship—legal arrangements where a court gives someone else control over their finances and personal decisions—can get trapped with guardians who exploit them, and they have almost no way to escape. The bill creates a federal funding program to help states hire government employees to serve as guardians and caseworkers for adults under these arrangements, and it guarantees that people under guardianship have the right to replace their private guardian with a state employee.

The practical impact is significant for anyone under guardianship. Right now, if a private guardian is stealing your money, isolating you from family, or making bad decisions about your care, you're stuck. The bill says you have the right to communicate with a state-employed caseworker even if your guardian objects, and you can petition a court to replace your guardian with a state employee—without having to prove the guardian did anything wrong. This is important because currently, people under guardianship often can't even go to court on their own to challenge their situation. The bill also requires states to keep databases of all guardianships and track how many people escape them each year.

To make this work, the bill provides federal grants totaling up to $260 million to states that meet certain requirements. States must hire their own caseworkers and guardians, maintain records of all guardianships, and guarantee that people under guardianship can communicate with state caseworkers and petition for replacement. The money breaks down into $160 million for caseworkers and $100 million for state-employed guardians and conservators. States get funding based on how many adults under guardianship they have. This shifts some guardianship responsibility from private individuals—who have financial incentives to keep people under their control—to government employees who don't profit from the arrangement.

Freedom and Right to Emancipate from Exploitation (FREE) Act

Crist, Charlie

Freedom and Right to Emancipate from Exploitation (FREE) Act This bill establishes rights for individuals who are subject to legal guardianship or conservatorship. Specifically, these individuals have the right to <ul> <li>petition the court to replace their private legal guardian or conservator with a state guardian or other designated individual; and</li> <li>communicate with a caseworker employed by the state, without the interference or objection of the individual's legal guardian or conservator. </li> </ul> Furthermore, the bill creates a private right of action for individuals whose rights have been violated. The bill also authorizes the Department of Health and Human Services to provide grants to states to hire state-employed caseworkers, legal guardians, and conservators for legally incompetent adults.