Each year thousands of Americans are placed under the supervision of court appointed guardians. Guardianships are sought for individuals (called wards) who are considered legally incompetent to make decisions for themselves.
HALT research shows that the nation’s guardianship system offers few procedural protections, and has spawned a profit-driven professional guardianship industry that often enriches itself at the expense of society’s most vulnerable members—the elderly.
Yet despite numerous calls for reform, most states have done little to monitor professional guardians and prevent abuse. This issue brief points to emerging reform strategies for dealing with professional guardians and other problems currently plaguing the nation’s guardianship system.
Issue Brief addresses:
1. How the System is Supposed to Work
2. Serious Problems - Few Procedural Protections
3. A Profit-Driven and Poorly Regulated Guardianship Industry
4. A System Plagued by Abuse
5. Poor Record-Keeping and Oversight
6. Reforming the Guardianship System
7. Regulating the Professional Guardianship Industry
8. Adopting Standards of Conduct for Guardians
9. Improving Court Monitoring and Enforcement
10.Establishing Compensation Guidelines and Restricted Accounts for Guardians
11.Revising the Procedures for Emergency Guardianships
12.Notifying Wards of the Right to File for Restoration of Rights
13.Establishing Regulatory Bodies and Disciplinary Mechanisms
Source:
HALT - Issue Brief: Guardianship Abuse
HALT is an organization of Americans for legal reform.
Email: HALT@HALT.org
Phone: 1-888-FOR-HALT
http://www.halt.org/
(202) 887-8255
Fax: (202) 887-9699
1612 K Street, NW Suite 510
Washington, DC 20006
HALT research shows that the nation’s guardianship system offers few procedural protections, and has spawned a profit-driven professional guardianship industry that often enriches itself at the expense of society’s most vulnerable members—the elderly.
Yet despite numerous calls for reform, most states have done little to monitor professional guardians and prevent abuse. This issue brief points to emerging reform strategies for dealing with professional guardians and other problems currently plaguing the nation’s guardianship system.
Issue Brief addresses:
1. How the System is Supposed to Work
2. Serious Problems - Few Procedural Protections
3. A Profit-Driven and Poorly Regulated Guardianship Industry
4. A System Plagued by Abuse
5. Poor Record-Keeping and Oversight
6. Reforming the Guardianship System
7. Regulating the Professional Guardianship Industry
8. Adopting Standards of Conduct for Guardians
9. Improving Court Monitoring and Enforcement
10.Establishing Compensation Guidelines and Restricted Accounts for Guardians
11.Revising the Procedures for Emergency Guardianships
12.Notifying Wards of the Right to File for Restoration of Rights
13.Establishing Regulatory Bodies and Disciplinary Mechanisms
Source:
HALT - Issue Brief: Guardianship Abuse
HALT is an organization of Americans for legal reform.
Email: HALT@HALT.org
Phone: 1-888-FOR-HALT
http://www.halt.org/
(202) 887-8255
Fax: (202) 887-9699
1612 K Street, NW Suite 510
Washington, DC 20006
4 comments:
This is an excellent summary of involved issues. The problem is so unbelievable, that few except the suffering families know it exists.
However, with an increasing number of embarrassing articles in the media, perhaps, the word will get out. AVOID GUARDIANSHIP AT ALL COSTS!
And, have you noticed that more and more lawyers and law firms are expanding their base practice to include probate, including guardianships / conservatorship?
Read "Rich Lawyer, Poor Lawyer" for more insight.
Affection of friends and family is a basic human NEED not addressed by the guardianship system. There needs to be assurance that this important need is easily accessed.
Guardianships come down to $$$$$$$$ plundered from the ward's assets.
This says it all: Guardianship is a good law, gone bad!
"HALT research shows that the nation’s guardianship system offers few procedural protections, and has spawned a profit-driven professional guardianship industry that often enriches itself at the expense of society’s most vulnerable members—the elderly."
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