Survey shows courts lack verification of appropriate care

In the August, 2006 edition of Bifocal (Vol. 27, No. 6), Naomi Karp and Erica F. Wood have published their article National Survey of Guardianship Monitoring Practices Shows Courts Lack Verification of Appropriate Care.  They have published their findings from a survey of guardianship oversight practices by courts.
   

Here is an excerpt:
   

Guardianship is a powerful legal tool that can bring good or ill for an increasing number of vulnerable people with cognitive impairments, affording needed protections, yet drastically reducing fundamental rights. Court monitoring of guardians is essential to ensure the welfare of incapacitated persons, identify abuses, and sanction guardians who demonstrate malfeasance. The need for oversight is heightened by ongoing demographic trends that will sharply boost the number of guardianships in coming years. These trends include: growing numbers of older people, individuals with dementia, and people with intellectual disabilities; the rising incidence of elder abuse; and the increasing number of public and private guardianship agencies that must make critical decisions about multiple wards.
   

The purpose of this study is to better understand how courts are monitoring the performance of guardians. It is the first detailed look at guardianship monitoring in over fifteen years. Almost 400 judges, court managers, guardians, elder law attorneys, and legal representatives of people with disabilities responded to the survey. Respondents came from 43 states and the District of Columbia. Of these, over half identified their role as guardians. The 35-question survey focused on actual court practices, seeking to ascertain whether the practices meet, exceed, or fall short of requirements imposed by statutes and court rules and to identify practices that may be “ahead of the curve.”
   

The results of the survey are posted on the AARP website and may be found here.