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Key Facts
- National overview: ABA Resolution 100A was adopted by the ABA House of Delegates on August 13, 2013, at the annual meeting in San Francisco.
- National overview: The resolution urged courts with adult guardianship jurisdiction and federal representative payment agencies to share information, train, and educate to protect vulnerable individuals.
- National overview: It specifically targeted coordination among state courts, the Social Security Administration representative payee program, and the VA fiduciary program.
- National overview: The U.S. Government Accountability Office had recommended such coordination for over nine years before the resolution due to risks of financial exploitation.
- National overview: Co-sponsors included the ABA Commission on Disability Rights, Commission on Homelessness and Poverty, Section of Real Property, Trust and Estate Law, and Senior Lawyers Division.
- Federal level: The resolution set ABA policy but did not carry the force of law.
- Federal level: In August 2020, the ABA adopted a resolution urging Congress to create a federally funded Guardianship Court Improvement Program, building on Resolution 100A.
- Federal level: As of 2026, Congress has not enacted the Guardianship Court Improvement Program into law.
Last reviewed: May 2026. Legal rules, forms, deadlines, and procedures can change by jurisdiction, agency, and court system.
- Understanding ABA Resolution 100A (Adopted August 2013)
- Why Did the ABA Focus on Coordination Between Courts and Payment Programs?
- Which ABA Groups Backed the Resolution?
- Did Resolution 100A Have the Force of Law?
- Developments After 2013 ABA Guardianship Reform Efforts
- A Note on Historical Context of ABA Resolution 100A
- Sources
The original June 2013 article on the American Bar Association website, abanow.org, is no longer accessible. This page reconstructs its content from official ABA publications and other authoritative sources to preserve the historical record of ABA Resolution 100A.
Understanding ABA Resolution 100A (Adopted August 2013)
At the ABA Annual Meeting in San Francisco on August 13, 2013, the House of Delegates adopted Resolution 100A, proposed by the Commission on Law and Aging. The resolution urged courts with jurisdiction over adult guardianship and governmental agencies that administer representative payment programs for benefits to collaborate with respect to information sharing, training, and education. Its goal was to protect vulnerable individuals with fiduciaries who make financial decisions on their behalf.
The resolution specifically addressed coordination among state courts, the Social Security Administration (SSA) representative payee program, and the VA fiduciary program. Court-appointed guardians and third-party representative payees both serve as fiduciaries managing property for people at risk for abuse, and the ABA recognized that better collaboration could reduce misuse of funds.
Why Did the ABA Focus on Coordination Between Courts and Payment Programs?
The U.S. Government Accountability Office (GAO) had identified instances of financial exploitation by guardians, representative payees, and VA fiduciaries in earlier studies. According to the ABA Bifocal publication from October 2013, the GAO had been urging coordination between state courts that appoint or oversee guardians and government representative payee programs for over nine years. Resolution 100A was a direct response to that long-standing recommendation.
Which ABA Groups Backed the Resolution?
The Commission on Law and Aging led the effort, and co-sponsors included the Commission on Disability Rights, the Commission on Homelessness and Poverty, the Section of Real Property, Trust and Estate Law, and the Senior Lawyers Division. Broad internal support underscored the profession’s concern about elder financial abuse and gaps in the guardianship system.
Did Resolution 100A Have the Force of Law?
No. Like all ABA policy resolutions, Resolution 100A established official ABA policy and directed the association’s advocacy, but it did not have the force of law. It served as a call to action for state courts, federal agencies, and lawmakers to improve safeguards for adults under guardianship.
Developments After 2013 ABA Guardianship Reform Efforts
The ABA continued to build on Resolution 100A. In August 2020, the House of Delegates adopted a resolution urging Congress to invest in a Guardianship Court Improvement Program (GCIP). The GCIP would provide federal funding to help states improve their adult guardianship systems, similar to existing programs for child welfare. In 2021, the Conference of Chief Justices and the Conference of State Court Administrators adopted policies supporting the creation of an adult GCIP.
Despite these efforts, as of 2026, Congress has not enacted a federally funded adult Guardianship Court Improvement Program. The GAO’s 2020 report on elder justice noted the 2020 ABA recommendation and the continuing policy gap. The ABA’s current Commission on Law and Aging Policy Page remains the best source for updates on guardianship reform advocacy.
A Note on Historical Context of ABA Resolution 100A
ABA Resolution 100A is a historical policy statement from 2013. It may have been superseded or expanded by later resolutions. This reconstruction provides general legal information about the resolution and its context. To learn about the current status of ABA policy on guardianship and representative payment, readers can explore the ABA’s official policy page directly. This reconstruction aims to preserve the record of an important moment in the effort to protect vulnerable adults, drawing on sources that were contemporaneous with the original abanow.org article. At the 2013 Annual Meeting, the House of Delegates acted alongside other significant deliberations, such as those captured in the 2003 speech by Justice Anthony Kennedy at an ABA annual meeting and the 2007 resolution on firearms and private property, illustrating the range of policy matters considered by the association.
