Guardianship reform: does revised legislation make a difference in outcomes for proposed wards?
There is a lack of critical examination of the efficacy of guardianship reform. Yet, the awarding of guardianship, especially when it is unwarranted, may deprive individuals of their most basic civil liberties. This longitudinal research investigated whether guardianship decisions differed prior to and following revision of state statutes increasing procedural safeguards. Using data from 766 petitions for guardianship of persons 60 years of age or over from Iowa and Missouri, it revealed that in most cases, a request for a full guardianship was tantamount to receiving one. Least restrictive alternatives were seldom employed, and few petitions were denied either before or after legislative changes. Reasons for the seeming discrepancy between revised statutes and guardianship decisions are suggested. No amount of statutory reform, however, will alter the tendency for society's attitudes toward aging to overshadow and shape the interpretation and implementation of legislation.
Keith
P M
PM
Graduate College at Iowa State University, USA.
Wacker
R R
RR
D000368:Aged; D000369:Aged, 80 and over; D002961:Civil Rights; D005260:Female; D006801:Humans; D007484:Iowa; D007872:Legal Guardians / Q000331:legislation & jurisprudence* / Q000706:statistics & numerical data; D008137:Longitudinal Studies; D008297:Male; D016743:Mental Competency / Q000331:legislation & jurisprudence; D008875:Middle Aged; D008923:Missouri; D011287:Prejudice