Guardianships of the Elderly

By Brenda K. Uekert and Thomas Dibble

Excerpt:

Guardianship is a relationship created by state law in which a court gives one person or entity (the guardian) the duty and power to make personal and/or property decisions for another (the ward). Guardianships were designed to protect the interest of incapacitated adults and elders in particular. Yet Congress, national advocacy organizations, and the media have increasingly highlighted the use of guardianships and conservatorships as a means to further exploit older persons. The ease at which guardianships are granted, the lack of court oversight, the questionable qualifications of guardians, the general lack of accountability, soaring caseloads, and poor data management make the guardianship system primed for further abuse, neglect, and exploitation of elders. However, recent developments suggest a new era in court leadership, technology, and innovative practices that have the potential to vastly improve court assignment and monitoring of guardianships.

In the article:

Purpose of guardianships
Abusive guardianships that often exploit the elderly
Major issues with guardianships
Capacity
Financial Costs
Training and Education
Court Monitoring
Recent Developments
Technological innovations
New Resources
Recommendations

Guardianships of the Elderly - Past Performance and Future Promises