This paper constitutes the literature review portion of a four-part environmental scan of the issues of abuse by guardians and systemic guardianship abuse, requested in 2021 by the National Institute of Justice (NIJ).
The results a four-part environmental scan of the issues of abuse by guardians and systemic guardianship abuse, requested in 2021 by the National Institute of Justice (NIJ), reveal the need for more work and reform related to abuse and fraud by individual guardians and the guardianship system. The scan consisted of a literature review of research; a scan of the data landscape; a scan of legal, policy, and practice context; and considerations for data collection. The report also covers other misconduct as well as the imposition of overbroad or unnecessary guardianship infringing on fundamental rights. This paper constitutes the literature review and examines documentation and research around: (1) The scope and prevalence of abuse by guardians. (2) The nature of abuse by guardians, including the kinds of abuses committed, the individuals who perpetrate the abuse, the victims, and their relationship. (3) Prevention and intervention addressing abuse and fraud by guardians. (4) An examination of the lack of data as a barrier to fully understanding abuse by guardians. The paper also identifies gaps in the research and barriers to conducting systematic research. The appendices include a full list of literature from federal sources, state-based efforts, the media, research projects, case law, national guardianship summits, and guardianship practice resources.