Elder Law Commons^™

Creating The 'Portable' Guardianship: Legal And Practical Implications Of Probate Court Cooperation In Interstate Guardianship Cases, Charlene D. Daniel, Paula Hannaford-Agor

Faculty Publications

In this article, we discuss the legal and practical issues associ­ated with interstate guardianships--that is, those guardianships in which the ward has ties to more than one state. Part I addresses these issues in the context of jurisdictional questions, securing nec­essary information, judicial monitoring and enforcement of guardi­anship orders, and property management. Part II proposes some modest solutions to these problems, many borrowed from other ar­eas of law (e.g., child support enforcement, child custody determinations, enforcement of civil protection orders, involuntary civil commitment).

This abstract has been taken from the authors' introduction.

The National Probate Court Standards: The Role Of The Courts In Guardianship And Conservatorship Proceedings, Paula Hannaford-Agor, Thomas L. Hafemeister

Faculty Publications

In this article, Ms. Hannaford and Professor Hafemeister confront the issue of who will ensure that the needs of the growing elderly population are met. The authors provide a history and overview of guardianship proceedings and also provide, for the first time, a quantitative description of guardianship usage in the United States. The authors assert that guardianships and conservatorships remain effective ways to pro­tect the rights of the incompetent elderly person. Although these remedies create a legal right in the guardian to manage the financial and medical welfare of the elderly client, the authors argue that a lack of procedural …

Your Money Or Your Wife's?: Social Security Changes Considered, Neal Devins

Faculty Publications

No abstract provided.