About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

29 Clearinghouse Rev. 643 (1995-1996)
National Study of Guardianship Systems: Summary of Findings and Recommendations

handle is hein.journals/clear29 and id is 665 raw text is: National Study of Guardianship Systems: Summary of Findings and Recommendations by Lauren Barritt Lisi and Saidy Barinaga-Burch I. Introduction The imposition of guardianship entails one of the most extensive deprivations of personal rights in our society.' A person for whom a guardian is ap- pointed loses the most fundamental rights: the choice of where to live; the authority to consent to or refuse medical treatment; control over financial matters; and other personal, contractual, and le- gal rights that are the hallmark of adult- hood. The significance of this depriva- tion increases in light of the likelihood that more and more persons will be placed under guardianship as the demo- graphic revolution continues and our population continues to grow older. The National Study of Guardianship Systems (National Study), funded by the United States Administration on Aging, emerged out of a concern that, while an increasing number of elderly persons were being subjected to guardianship, little empirical data were available to address how and why guardianships were imposed.2 The National Study was developed with the dual goals of (1) refining the current understanding of the guardianship system and its participants and (2) providing data that could guide the development of sound policies and practices, so that older persons at risk of guardianship have the opportunity to ob- tain the surrogate services that are the least restrictive, yet adequate to meet their needs. The project focused on answering the following five questions: (1) Who is affected by guardianship? (2) What factors trigger the filing of pe- titions for guardianship? (3) What is the availability, utilization, and effectiveness of alternatives to guardianship? (4) What is the process for imposing guardianships? (5) What impact does imposition of guardianship have upon individuals? The National Study, conducted be- tween October 1989 and January 1992, examined guardianship practices in over 700 cases for guardianship of persons 60 years of age or older in 30 jurisdictions in The term guardianship is used generally to refer to court-imposed surrogate decision making affecting the respondent's person, or property, or both. Where guardianship is distinguished from conservatorship, the two phrases are used in a more specific sense. Guardianship refers only to decision-making power over the person, while conserva- 2torship refers only to decision-making power over property. The original report of this study was prepared by The Center for Social Gerontology (TCSG), under Administration on Aging (AoA) Grant No. 90-AR-0124. Development of additional materials and additional dissemination of project results were conducted under AoA Grant No. 90-AM-0707. Lauren Barritt Lisi and Saidy Barinaga-Burch are staff attorneys, The Center for Social Gerontology, 2307 Shelby Ave., Ann Arbor, MI 48103; (313) 665-1126. OCTOBER 1995 I CLEARINGHOUSE REVIEW 643

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most