NCJ Number
145867
Journal
Journal of Elder Abuse and Neglect Volume: 2 Issue: 3-4 Dated: (1990) Pages: 31-56
Date Published
1990
Length
26 pages
Annotation
The author discussed the need for reforms in the system of appointing guardians for elderly persons to prevent abuse and neglect of the ward.
Abstract
This study is a critical review of the guardianship system as it is applied to the elderly. A legal guardian is appointed by the court as a means of assisting those who cannot help themselves. Just as with any caregiver, however, a legal guardian may be very good to the person they are caring for or they may be abusive. When a guardian is appointed, the courts should be responsible for preventing or at least discontinuing an abusive relationship. The author asserts that the guardianship system needs to be reformed in order to reduce the number of instances of guardian/ward abuse and neglect. Suggestions for improvement include establishing a system of accountability which would include periodic review of the performance of the guardian and the power to fine and penalize errant guardians. The author emphasizes the need for resources to allow the court to perform this review function.