- Definition, Types and Powers
- Guardianship Reform Efforts
- State Laws
- Guardianship Data
- General Process
Establishment of Guardianships
- Emergency Powers
- Use of Less Restrictive Alternatives
- Determination of Capacity
- Procedural Protections
- Key Issues
Training & Qualifications of Guardians
Guardianship Monitoring
Guardianship Technology
Standards & Model Programs
Guardianship Standards and Model Programs
National Probate Court Standards
Section 3.3 Guardianship Standards
3.3.1 Petition 3.3.2 Screening 3.3.3 Early Control and Expeditious Processing 3.3.4 Court Visitor 3. 3.5 Appointment of Counsel 3.3.6 Emergency Appointment of a Temporary Guardian 3.3.7 Notice 3.3.8 Hearing 3.3.9 Determination of Incapacity |
3.3.10 Less Intrusive Alternatives |
National Probate Court Standards provide guidance to judges and courts on probate issues. Section 3.3 (Guardianships), Section 3.4 (Conservatorships), and Section 3.5 (Interstate Guardianships) contain standards specific to various stages of the guardianship process. The National College of Probate Judges provides a forum for judges who are interested in promoting the standards and improving the administration of justice in probate courts.
Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act was approved by the Uniform Laws Commission, previously known as the National Conference of Commissioners of Uniform State Laws, in 2007. The Conference of Chief Justices and the Conference of State Court Administrators passed a resolution in support of the Act, which offers the following:
- Provides for a process of communication and cooperation between courts in different jurisdictions;
- Specifies which court has jurisdiction to appoint a guardian or conservator;
- Limits jurisdiction to the courts of one and only one state except in cases of emergency or in situations where the individual owns property in multiple states;
- Establishes a procedure for transferring a guardianship or conservatorship case from one state to another;
- Facilitates enforcement of guardianship and protective orders in other states by authorizing registration of orders; and
- Provides for registered orders to be entitled to full faith and credit.
The National Guardianship Association has a number of resources on the Act and tracks the status of the Act by state. As of May 2010, 18 states and the District of Columbia had enacted the Act, 9 states and the U.S. Virgin Islands introduced it in the 2010 legislative sessions, and two states planned to introduce the Act in 2011.
Model Courts
In 2004, the Government Accountability Office (GAO) issued Guardianships: Collaboration Needed to Protect Incapacitated People. The report focused on four courts recognized by members of the National Guardianship Network to be exemplary in terms of guardianship training and oversight:
- 17th Judicial Circuit of Florida (Broward County)
- Rockingham County Probate Court, New Hampshire
- Superior Court of California, County of San Francisco Probate Court
- Tarrant County, Texas – Probate Court #2
Each of these courts has model practices that may be replicated by other courts. The GAO report notes some of the training and oversight procedures in the four courts. Each court exceeds state law requirements. For instance, in the 17th Judicial Circuit (at the time of the report), background investigations of all guardians were required annually, a 3-tiered report review system was in place, electronic reporting software was used, a full-time court monitor was on staff with part-time contractors investigating abuse, and had a Public Guardian office. In the Superior Court of California, County of San Francisco, a general plan was required for all guardianships, status reports were required for all guardianships of the person after the first year and every other year even if no conservatorship of the estate existed, examiners regularly reviewed accountings, there were more frequent investigations on troubled cases, and there were investigations on all petitions for termination of guardianship.
Model Orders and Forms
A number of model orders and forms are available in a guide for determining capacity—produced by the American Bar Association, the American Psychological Association, and the National College of Probate Judges, The appendix contains, for example, a model order for clinical evaluation, a model order for guardianship of person and estate, a model court investigator report, a model plan, and a model annual report.
Additional Online Resources
Search the Promising Practices database
Guardianship of Adults: Achieving Justice, Autonomy, and Safety (for purchase)