Author: Winsor C. Schmidt

Publisher:

Published: 1995

Total Pages: 296

ISBN-13:

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.