In general, guardianship involves a state-court determination that an individual lacks the capacity to make decisions with respect to their health, safety, welfare, and/or property. This Beyond Guardianship report explains how guardianship law has evolved, explores the due process and other concerns with guardianships, offers an overview of alternatives to guardianship, and identifies areas for further study. This report covers people with mental illness or disabilities, to include children populations and aging adult populations Legal standards of incapacity are also explored within this report. Discover more products related to this topic: Physically challenged collection and resources about persons that are disabled Aging resources collection Mental Health collection Childhood & Adolescence collection
Buzz Aldrin walked on the moon and received the Distinguished Flying Cross in the Korean War and the Presidential Medal of Freedom. At 88, his legacy is secure. On earth, it is another matter. “The problem with vulnerable elderly is that many, such as Buzz Aldrin, have not planned their ‘Golden Years.’ Whom do they really trust to make critical choices about finances, and essential healthcare decisions? One needs a qualified expert to deal these complex tasks. The lack of expert elderly planning can result in exploitation,” says author Robert T. Fertig. “[Guardianship Realities] offers a perfect picture of what guardianship [really is like], a work that showcases the authors extensive experience in dealing with the protection of the most vulnerable people in our society — children and the elderly. Readers are introduced to a wide range of case studies, insightful and well-meaning tips and advice, and a critical look at the legal system and its processes when it comes to Guardianship.” —Christian Sia for Readers’ Favorite (FIVE STAR RATING). “If you’re not accused of something, you’re probably not doing your job,” said Professional Guardian Fernando. Those insightful words came true in 2017 when Fernando was falsely accused of exploitation. Years later, a jury found Fernando NOT GUILTY. The lesson for ALL is this: Guardians, Trustees, DPOA and Proxys are vulnerable to accusations by patients and relatives of something, especially if they are conscientiously doing their job.
Introduction to guardianship -- History of guardianship / written by Erica F. Wood -- Criteria for guardianship -- The guardians -- Alternatives to guardianship -- Guardianship process -- Guardian accountability / written by Sally Balch Hurme -- Working with guardianships -- Working with the guardianship court -- Looking forward.
As people age, some become incapable of managing their personal & financial affairs. To protect these people, state laws provide for court appointment of guardians to act on their behalf. In many cases federal programs provide these incapacitated people financial benefits. This report examines: (1) what state courts do to ensure that guardians fulfill their responsibilities, (2) what guardianship programs recognized as exemplary do to ensure that guardians fulfill their responsibilities, & (3) how state courts & federal agencies work together to protect incapacitated elderly people. Recommendations included. Charts & tables.
This book offers the first full examination of the legal role of public guardianship in 25 years, comparing current conditions to those when the last study was published in 1981. Public Guardianship: In the Best Interests of Incapacitated People? is written to advance public understanding of what happens to disabled and elderly adults when no family member or friend is available to be a caregiver or guardian should it become necessary. It is the first major study on this critically important issue since 1981. Conducted by experts in gerontology, social work, public policy, and public health, it finds that, although progress has been made, guardianship programs around the country still are hampered by limited staff and resources. Public Guardianship analyzes the full range of state statutes governing guardianship, including guardian eligibility, investigation, due process, rights, powers, costs, and monitoring. The authors report their case studies of public guardianship programs, marshaling and comparing field data from their surveys of stakeholders in ten states. The book concludes with a variety of recommendations for improving guardianship programs, including the authors' Model Public Guardian Act.
Imagine a system of justice in this country that strips its citizens of their Constitutional rights, voids their existing legal documents, gives others the right to spend their money and sell their assets, isolates them, and has the ability to limit the time they can spend with their loved ones. While you may be thinking of the criminal justice system, the previous description refers to a parallel system that preys on the elderly and is determined to deem them unable to care for themselves. It is a system that allows those in control to take full advantage of their “wards of the state”—legally and under the watchful eyes of judges. It is called guardianship. Guardianship exists in every state, and while it has gone under the radar for many decades, Dr. Sam Sugar’s new book, Guardianships and the Elderly, sheds light on this system, which enables those in-the-know to commit “the perfect crime.” Dr. Sugar, a licensed physician and president of the Americans Against Abusive Probate Guardianship (AAAPG), as well as a victim of the system himself, has written a unique guide that can be used by anyone caught up in the world of guardianship. The book begins by looking at the history of guardianship—from ancient times till today. It then provides a clear overview of how this system is set up to work—from the triggers that set it off to the different groups of people that make up the process: the judges, the guardians, and all their associates. The book goes on to detail the responsibilities given to these players and describes how easily they can manipulate the system to their own advantage. It also presents an accurate picture of just how difficult it is to free a family member from the system. There are things loved ones can do to fight the system, to be sure, but many obstacles and pitfalls await them in the battle. This book is meant to prepare the reader for these eventualities and includes a comprehensive glossary, a helpful resource section, and a number of documents that may prove useful in the pursuit of real justice. While the press has exposed some of the most heinous crimes committed by guardians, for the most part, those who know how to work the system continue to plunder their victims’ estates. Guardianships and the Elderly is designed to explain the guardianship process clearly and make the reader aware of the common violations carried out by court insiders and their affiliates. The information found in this book can serve as a powerful tool when it comes to uncovering their crimes.
Approximately half a million people are under guardianship in the United States. Guardianship is intended as a last resort, but this court of last resort is an institutional fiefdom that has historically received little scrutiny. As the national population ages and the lifespan increases, more people are potentially subject to being adjudicated incompetent in court and having a guardian appointed as a surrogate decisionmaker. This book informs health, social service, and legal professionals, as well as judges and legislators about the findings, analyses, conclusions, and implications from over a decade of national and state research on guardianship and protective services for the elderly and disabled, directed by one of the nation's leading experts on guardianship. The book begins with an overview case study of guardianship and the need for reform from the state that represents America's demographic future, Florida. Exploration of the extent of unmet need for guardian services follows. Findings from a national study of public guardianship and the elderly are detailed. The actual functioning of guardianship court is reported by addressing several questions. What happens to people in the court of last resort? What is known and what is not known about guardianship? What happens beyond the court of last resort in the even more hidden area of involuntary adult protective services? The conclusion consists of a model public guardianship statute and commentary that is a product of the research on guardianship. The statute is designed to provide a framework for much-needed reform of the court of last resort.
