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Centre for Policy on Ageing | |
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Assessing the guardianship reform of limited guardianship
— tailoring guardianship, or expanding inappropriate guardianships? | | Author(s) | Winsor C Schmidt |
| Journal title | Journal of Ethics, Law and Aging, vol 2, no 1, Spring/Summer 1996 |
| Pages | pp 5-14 |
| Keywords | Court of protection ; Rights [elderly] ; United States of America. |
| Annotation | One aspect of guardianship reform is adoption of limited guardianship: the imposition of less than full or plenary authority over a legal incompetent, when the incompetent is not totally incapacitated. The intent of limited guardianship is to tailor the guardianship to the extent of a ward's disability, thus preserving as much autonomy as possible. Several studies suggest that limited guardianship is rarely utilised when available, and that it is viewed as unworkable and impractical. Some commentators express concern that limited guardianship makes it easier for some adjudication of incompetence to occur in cases where full adjudications would not otherwise have occurred, because incapacity was not extensive enough. There is the risk that inappropriate adjudications may serve a third party's interests rather than the ward's. The dilemma between tailoring guardianship and expanding exposure to inappropriate guardianship is assessed. |
| Accession Number | CPA-980120206 A |
| Classmark | JVC: IKR: 7T |
Data © Centre for Policy on Ageing |
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| ...from the Ageinfo database published by Centre for Policy on Ageing. |
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