Elderly Wards and Their Legal Guardians: Analysis of County Probate Records in Ohio and Washington

Bulcroft, Kris; Kielkopf, Margaret R.; Tripp, Kevin

doi:10.1093/geront/31.2.156

Cited by 41 publications

(39 citation statements)

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“…Further, Colorado has longer, legible, and more comprehensive reports by a range of health care professionals that were more likely to include cognitive and functional information, and appear to facilitate the use of limited guardianship. In contrast to the data of other studies (Bulcroft et al, 1991;Dudley & Groins, 2003), these data suggest that statutory reform may be associated with court practice. These findings also suggest that in these two courts in Colorado, it was at least possible to limit orders one third of the time.…”

Section: Discussioncontrasting

confidence: 99%

“…A limited body of research suggests that capacity evaluation in adult guardianship may be suboptimal. An early study (1987-1988; n = 63) found capacity evaluation to be ''sketchy'' and ''conclusory'' in examination of case files in Ohio and Washington (Bulcroft, Kielkopf, & Tripp, 1991). Most of the orders were plenary (93%) and wards were rarely present at hearings (3%).…”

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confidence: 99%

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Clinical Evidence in Guardianship of Older Adults Is Inadequate: Findings From a Tri-State Study

Moye¹,

Wood²,

Edelstein³

et al. 2007

The Gerontologist

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Purpose: This preliminary study compared clinical evaluations for guardianship in three states with varying levels of statutory reform. Design and Methods: Case files for 298 cases of adult guardianship were reviewed in Massachusetts, Pennsylvania, and Colorado, three states with varying degrees of statutory reform. The quality and content of the written clinical evidence for guardianship and the hearing outcome were recorded. Results: The quality of the written clinical evidence for guardianship was best in Colorado, the state with the most progressive statutory reform, earning a grade of B in our ratings, and worst in Massachusetts, a state with minimal reform, earning a grade of D -with nearly two thirds of the written evidence illegible. Information on specific functional deficits was frequently missing and conclusory statements were common. Information about the individual's key values and preferences was almost never provided, and individuals were rarely present at the hearing. Limited orders were used for 34% of the cases in Colorado, associated with more complete clinical testimony, but such orders were used in only 1 case in either Massachusetts or Pennsylvania. Implications: In this study, states with progressive statutes that promote functional assessment are associated with increased quality of clinical testimony and use of limited orders. A continuing dialogue between clinical and legal professionals is needed to advance reform in guardianship, and thereby provide for the needs and protect the rights of adults who face guardianship proceedings.

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Section: Discussioncontrasting

confidence: 99%

mentioning

confidence: 99%

Clinical Evidence in Guardianship of Older Adults Is Inadequate: Findings From a Tri-State Study

Moye¹,

Wood²,

Edelstein³

et al. 2007

The Gerontologist

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“…Whereas earlier analyses of court records indicated that determinations of incapacity were made without requisite proof (e.g. Bulcroft, Kielkopf, & Tripp, 1991;Friedman & Starr, 1995) and plenary guardianships are granted in most cases (Lisi & Barinaga-Burch, 1995), participants in our study were reluctant to endorse full guardianship even when the evidence apparently warranted it. This finding could be related to the increased advocacy for older adults and support for their autonomy that has characterized the last two decades of policy and legislation in eldercare (e.g.…”

Section: Discussioncontrasting

confidence: 79%

Guardianship determinations by judges, attorneys, and guardians

Gavisk¹,

Greene

2007

Behavioral Sci & The Law

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Guardianship is intended to protect incapacitated individuals through the appointment of a surrogate decision maker. Little is known about how judges, attorneys, and professional guardians assess the need for guardianship, to what extent they apply statutory guidelines when making these determinations, and how their decisions compare. Three groups of participants (probate judges, elder law attorneys, and professional guardians) read vignettes portraying older adults that varied in the extent to which the evidence supported the appointment of a guardian. They were asked about the appropriateness of various resolutions. Participants were reluctant to endorse full guardianship even when warranted by the evidence and preferred informal, family-based interventions that do not involve legal action. Professional groups did not always agree on the appropriate resolutions, suggesting that one's professional orientation may play a role in perceptions of older adults.

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“…The authors suggested that research should address the degree of impairment leading to agency or family petitions, the appropriateness and use of procedures for competency assessment, and factors influencing the acceptance of the assessment in court. Similarly, Bulcroft, Kielkopf, and Tripp (1991) examined data from probate records of guardianship petitions filed in Franklin County, Ohio, and Snohomish County, Washington, to develop a profile of who petitioned for and was granted private guardianship of elderly persons. The average age of wards was 76, most of them were widowed, and they were not living in their own homes.…”

Section: Recent Literature On Guardianshipmentioning

confidence: 99%

When the State Takes Over a Life: The Public Guardian as Public Administrator

Teaster

2003

Public Administration Review

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Public guardians are appointed by the state to meet the needs of incapacitated citizens when no other willing or responsible surrogate decision maker exists. These public administrators, who live the decisional life of another citizen, need meaningful controls and accountability because of the great private and public authority that is entrusted to them. A review of program documents, interviews with public guardians and their program supervisors, and participant observations revealed complex roles for the public guardian: service monitor, service broker, client advocate, surrogate decision maker, and relationship architect. Because of the multiplicity of roles and few controls on their actions, public guardians' accountability should first be drawn from mechanical mechanisms (for instance, thorough audits and sanctions for infractions), but a second and necessary control is the principles of public administration, which are grounded in normative values and democratic governance.

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Elderly Wards and Their Legal Guardians: Analysis of County Probate Records in Ohio and Washington

Cited by 41 publications

References 0 publications

Clinical Evidence in Guardianship of Older Adults Is Inadequate: Findings From a Tri-State Study

Clinical Evidence in Guardianship of Older Adults Is Inadequate: Findings From a Tri-State Study

Guardianship determinations by judges, attorneys, and guardians

When the State Takes Over a Life: The Public Guardian as Public Administrator

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