Guardianship, Conservatorship and the Law includes everything from overviews of guardianships and conservatorships to an appendix that provides applicable statues, resource directories, and other pertinent information and data. Topics addressed in this publication include guardianship of a minor, guardianship of an incapacitated adult, mental health guardianship and civil commitment, standby guardianship, conservatorship, protecting the property of the ward, alternatives to guardianship and conservatorship. With access to the most current information in this field of law, Margaret C. Jasper assures readers they are up-to-date with the latest developments related to guardianship and conservatorship. This is an ideal resource for anyone interested in learning more about the concepts of guardianship and conservatorship.
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.
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.
WARNING: At the hearing you may lose many of your rights. A guardian may be appointed to make personal decisions for you. A conservator may be appointed to make decisions concerning your property and finances. The appointment may affect control of how you spend your money, how your property is managed and controlled, who makes your medical decisions, where you live, whether you are allowed to vote, and other important rights.The above warning, sent to all allegedly incapacitated seniors in the state of Virginia, summarizes the nightmare that can befall senior citizens anywhere in the United States as a result of involuntary conservatorship or guardianship proceedings. Statutes originally designed to help elderly friends and relatives who are unable to look after their own personal or financial needs are now being increasingly abused by calculating heirs to direct the transfer of family assets to themselves-with the courts' blessings. Based on fifty-five cases drawn from courtrooms across America and the author's own bitter experience, The Retirement Nightmare describes what can happen to competent senior citizens when such proceedings are filed against them by relatives or other so-called protectors in the social welfare community.Dr. Armstrong, who was forced to battle her own siblings in a million-dollar court battle to place her competent mother in an involuntary conservatorship, reveals how these arcane conservatorship and guardianship codes function in our courts today; unfortunately, as the author learned firsthand, the actual application of these codes is determined almost solely by the competence and attitudes of individual judges and investigators. She highlights the key problem areas common to the codes that should be changed and recommends ways that seniors can protect themselves to preserve their personal and financial freedom in their retirement years. She also suggests alternatives to conservatorships and guardianships that exist in every state to help the elderly with various aspects of daily living, such as balancing checkbooks, paying bills, grocery shopping, preparing meals, etc.This breakthrough book exposes the secretive world of involuntary protective proceedings and more importantly gives seniors the tools they need to protect themselves from this predatory litigation.Diane G. Armstrong, Ph.D. (Santa Barbara, CA) is a clinical psychologist who works as a writer and consultant specializing in conservatorship/guardianship issues.
Used by bench & bar, this complete practice manual covers the appointment of guardians & conservators of mentally disabled individuals & children. Learn the workings of the system all the players, rules, & documents that are necessary to do your job well. Devise strategies guided by authors who have "been there" & understand the huge demands on your time. Learn, for example, how to persuade the court regarding difficult questions such as: a person's right to die; whether to medicate for psychotic symptoms; whether to limit or expand a guardian's powers; a ward's right to vote; whether a mentally retarded woman can be sterilized; whether a child should be removed to the custody of the DSS.
