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.
The role of the Court of Protection is to protect and to manage the financial affairs of people without the necessary mental capacity to do so themselves. The Public Guardianship Office, an executive agency of the Department for Constitutional Affairs, is the administrative office of the Court of Protection and is responsible for implementing the Court's decisions. The Public Guardianship Office provides protection in two ways: by registering enduring powers of attorney; and overseeing the work of receivers appointed to look after the financial affairs of people once they have lost mental capacity. This NAO report examines the Office's targeting of risk; the steps it is taking to improve service quality; and its activities to raise the public's awareness of its role and the options available to them in the event of losing mental capacity.
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.
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.
Family caregiving affects millions of Americans every day, in all walks of life. At least 17.7 million individuals in the United States are caregivers of an older adult with a health or functional limitation. The nation's family caregivers provide the lion's share of long-term care for our older adult population. They are also central to older adults' access to and receipt of health care and community-based social services. Yet the need to recognize and support caregivers is among the least appreciated challenges facing the aging U.S. population. Families Caring for an Aging America examines the prevalence and nature of family caregiving of older adults and the available evidence on the effectiveness of programs, supports, and other interventions designed to support family caregivers. This report also assesses and recommends policies to address the needs of family caregivers and to minimize the barriers that they encounter in trying to meet the needs of older adults.
A notary is a public official responsible for independently verifying signatures and oaths. Depending on how a document is written, a notarization serves to affirm the identity of a signer and the fact that they personally executed their signature. A notarization, or notarial act, officially documents the identity of a party to a document or transaction and the occasion of the signing that others can rely upon, usually at face value. A notary's authentication is intended to be reliable, to avoid the inconvenience of having to locate a signer to have them personally verify their signature, as well as to document the execution of a document perhaps long after the lifetime of the signer and the notary. An oath is a sworn statement. In most cases a person will swear that a written statement, oral statement, or testimony they are about to give is true. A notary can document that the notary administered an oath to an individual.
The Department of Licensing has worked to keep the notary public application process as simple as possible. A prospective notary need only submit a complete application, proof of a $10,000 surety bond, and appropriate fees to the Department of Licensing in order to begin the process. Once an applicant has completed all application requirements and proven that he or she is eligible, the Department will have a new certificate of commission mailed out promptly. New in 2018, notaries public can also apply for an electronic records notary public endorsement, which allows the notary to perform notarial acts on electronic documents as well as paper documents. The application process is similar to the application process for the commission, and can be done at the same time or separately.
