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Full-Text Articles in Law
Is A Guardian The Alter Ego Of The Ward?, Lawrence A. Frolik
Is A Guardian The Alter Ego Of The Ward?, Lawrence A. Frolik
Articles
A guardian has a fiduciary relationship to the ward, but what exactly does that mean? Certainly a guardian is expected to act in the best interests of the ward, but how are those interests determined? Guardians are encouraged to act just as the ward would, but that implies that a guardian is closer to being an agent of the ward than a fiduciary. Yet a guardian must reconcile that agent like duty with obligations to the court who appointed him. In light of the perceived value of implementing the wishes of the ward, increasingly, appointing courts have come to treat …
Tackling The “Evils” Of Interlocking Directorates In Healthcare Nonprofits, Nicole Huberfeld
Tackling The “Evils” Of Interlocking Directorates In Healthcare Nonprofits, Nicole Huberfeld
Law Faculty Scholarly Articles
The nonprofit sector and matters of nonprofit governance have been in the national spotlight much of late. One area of heightened interest is directors of healthcare entities regularly serving on the board of more than one healthcare organization. Even when board membership of related entities is relatively independent, one corporation's business plan frequently is affected (or even controlled) by the business needs of a separately incorporated parent, affiliate, or other related organization. Very little case law addresses "interlocking" directorates for nonprofit board members, and the case law that does exist tends to address narrow, fact-based state law interpretive issues rather …