NCJ Number
114365
Date Published
1987
Length
92 pages
Annotation
This report examines the legal guardianship process in America as it pertains to elderly individuals, abuse of the system, and needed reforms.
Abstract
Although guardianship was designed to protect the elderly, it is often used to take advantage of them. Following demographic data on elderly persons placed under guardianship, the report describes criteria for guardians, the legal process, and the few checks that exist to protect individuals from abuse by their guardians. This discussion concludes that for-profit companies specializing in guardianship are increasing and that it is very easy to place an elderly person under guardianship. Common problems in the guardianship system are identified, such as lack of due process and overburdened courts that cannot monitor such cases. A review of procedures for terminating guardianship states that it is a difficult and time-consuming process. The report provides several examples of guardianship abuse and recommends enacting national uniform standards to protect anyone under guardianship. Tables on State laws and a newspaper series on guardianship are included.