Senate committee backs bill to make voting the default for adults under guardianship unless court finds otherwise

Senator Jennifer McClellan Favola’s bill to change how courts treat voting rights in guardianship cases won committee approval Oct. 12 after an extended hearing with advocates, legal specialists and family members.

The bill alters current practice by making the default that an adult subject to a guardianship or conservatorship retains the right to vote unless a judge, after a hearing, finds by clear and convincing evidence that the person lacks the capacity to exercise that right.

Why it matters: Court orders establishing guardianship have sometimes left voting status unclear or resulted in disenfranchisement without families realizing it. Supporters said the change would reduce the cost and delay families face when they must return to court to restore a ward’s…