NCJ Number
125386
Journal
Journal of Elder Abuse and Neglect Volume: 1 Issue: 3 Dated: (1989) Pages: 65-74
Date Published
1989
Length
10 pages
Annotation
Guardianship of the elderly was designed as a system to protect those unable to care for themselves, yet it has often been turned to take advantage of them. In addition, those under guardianship lose many personal rights including the rights to vote, to marry, and to handle money.
Abstract
Abuses in guardianship are perpetrated in many forms and by people in various relationships to the victims. The National Guardianship Rights Act of 1988 was passed in response to research which reveals several unsettling findings. First, virtually any mentally competent person can be named as guardian of a person determined incompetent. There is a growing trend of for-profit companies specializing in guardianship. Guardianship requests are almost always granted, with the allegedly incompetent person having little or no say in the proceedings; however, it is very difficult for wards to extricate themselves from guardianship. Few systems are in place to guarantee the care being given an elderly person under guardianship. The 1988 legislation provided certain rights to incapacitated individuals: right to notice, right to be present at legal proceedings, right to counsel, right to an independent evaluation, specific rights at the guardianship proceeding, and right not to be subject to overly restrictive guardianship. (Author abstract modified)