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
A public health approach to understanding and eliminating excessive police violence. Excessive police violence and its disproportionate targeting of minority communities has existed in the United States since police forces first formed in the colonial period. A personal tragedy for its victims, for the people who love them, and for their broader communities, excessive police violence is also a profound violation of human and civil rights. Most public discourse about excessive police violence focuses, understandably, on the horrors of civilian deaths. In From Enforcers to Guardians, Hannah L. F. Cooper and Mindy Thompson Fullilove approach the issue from a radically different angle: as a public health problem. By using a public health framing, this book challenges readers to recognize that the suffering created by excessive police violence extends far outside of death to include sexual, psychological, neglectful, and nonfatal physical violence as well. Arguing that excessive police violence has been deliberately used to marginalize working-class and minority communities, Cooper and Fullilove describe what we know about the history, distribution, and health impacts of police violence, from slave patrols in colonial times to war on drugs policing in the present-day United States. Finally, the book surveys efforts, including Barack Obama's 2015 creation of the Task Force on 21st Century Policing, to eliminate police violence, and proposes a multisystem, multilevel strategy to end marginality and police violence and to achieve guardian policing. Aimed at anyone seeking to understand the causes and distributions of excessive police violence—and to develop interventions to end it—From Enforcers to Guardians frames excessive police violence so that it can be understood, researched, and taught about through a public health lens.
This work interrupts the current “consulting students” discourse that positions students as service clients and thus renders more problematic the concept of student voice in ways that it might be sustained as a democratic process. It looks at student voice holistically across realms of classroom practices, higher education, practitioner inquiry and policy formulation. The authors render problematic the “empowerment” rhetoric that is the dominant and insufficient narrative justifying consulting children and young people. They explore the many contradictions and ambiguities associating with recruiting and encouraging them to participate and the varying impacts of different circumstances on the ways in which student voice projects are enacted. They perceive that it is possible for student voice projects to be subverted from both above and below as varying stakeholders with varying purposes struggle to manage and control projects. Importantly, the book reports on research that identifies and highlights conditions for initiating and sustaining student voice and include “beyond school” dimensions that consider young people as “audiences” who can inform community facilities, their development and design as well as undergraduate students in universities. These cases are not reported as celebratory, but rather act as narratives that illuminate the many challenges facing those who chose to work with young people in authentic ways. It both advances methodologies for engaging young people as active agents in the design and interpretation of research that concerns them and offers a critique of those methods that see young people as the objects of research, where the data is mined for purposes that do not recognise that students are the consequential stakeholders with respect to decisions made in their interests.
This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. This book examines, through a multi-disciplinary lens, the possibilities offered by relationships and family forms that challenge the nuclear family ideal, and some of the arguments that recommend or disqualify these as legitimate units in our societies.That children should be conceived naturally, born to and raised by their two young, heterosexual, married to each other, genetic parents; that this relationship between parents is also the ideal relationship between romantic or sexual partners; and that romance and sexual intimacy ought to be at the core of our closest personal relationships - all these elements converge towards the ideal of the nuclear family. The authors consider a range of relationship and family structures that depart from this ideal: polyamory and polygamy, single and polyparenting, parenting by gay and lesbian couples, as well as families created through assisted human reproduction.
"In her 2006 memoir Strange Son, Portia Iversen coined the phrase "intact mind" to describe the typical cognitive abilities she believed were buried within even the most seemingly impaired autistic individuals, like her son Dov - who, at nine years old, was completely nonverbal and spent much of his time "chewing on blocks and tapping stones." Although he didn't know the alphabet, colors, or numbers; although he "could hardly point or nod his head to show what he meant"; although doctors had diagnosed Dov as "retarded" and told Iversen she "shouldn't wreck [her] marriage and destroy [her] other children's lives for his sake, when doing so was utterly and completely useless" - although all these things were true about her son, Iversen still imagined him "falling down a deep well, believed to be dead. And then years later, a light shone down that dark shaft and I could see him there, somehow still alive" (emphasis in original)"--
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.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
