Who is guarding the guardians? A localized call for improved guardianship systems and monitoring

摘要

Individual Americans are living longer, and a greater proportion of Americans within the aggregate population are growing elderly. The judicial response to age-related incapacity is guardianship. Guardianship can be critical for some at-risk elderly citizens. However, guardianship also represents a significant deprivation of civil liberties. Courts must carefully balance state intervention with self-determination. This thesis was written to complement the ongoing national conversation of how best to assert guardianship authority in the lives of elderly Americans.;This thesis examines the history of guardianship authority and recent reform efforts. It identifies national scholarship. It identifies where judicial leadership is essential. This thesis also identifies several areas for improvement within the author's own judicial district. Finally, this thesis proposes several recommendations for change, which focus on pre-appointment investigations and post-appointment monitoring.