NCJ Number
62826
Journal
Law and Human Behavior Volume: 2 Issue: 3 Dated: (1978) Pages: 267-282
Date Published
1978
Length
16 pages
Annotation
THE MECHANISM OF GUARDIANSHIP HAS BEEN CHANGED BY THE CREATION OF GOVERNMENTAL AGENCIES POSSESSING GUARDIANSHIP POWERS, AND THIS ARTICLE EXPLORES SOME OF THE ETHICAL AND LEGAL CONSEQUENCES.
Abstract
THE LAW'S REACTION TO ADULTS WHO ARE PERCEIVED TO BE UNABLE TO HANDLE THEIR OWN AFFAIRS PRESENTS A DIFFICULT, SENSITIVE PROBLEM TO SOCIETY. THIS ARTICLE DISCUSSES GUARDIANSHIP AND CONSERVATORSHIP, JUDGING THE GUARDIAN'S PERFORMANCE, PUBLIC GUARDIANSHIP, AND INTERAGENCY CONSIDERATIONS. CONFLICTS AMONG WARDS AND INTERAGENCY DISPUTES ARE EXAMINED AS WELL AS THE MANIPULATION OF GUARDIANSHIP BY INTERESTED PERSONS. COURT MONITORING OF GUARDIANSHIP IS DISCUSSED, AND THE SEVERAL METHODS FOR REDUCING THE LIKELIHOOD THAT THE WARD'S RIGHTS WILL BE INFRINGED ARE OUTLINED. THE ARTICLE CONCLUDES THAT SUBORDINATION OF THE WARD'S INTEREST TO OTHER CONSIDERATIONS IS A VIOLATION OF THE GUARDIANS' DUTY OF LOYALTY. THE AVOIDANCE OF IMPROPRIETIES AND THE MAINTENANCE OF INCAPACITATED PERSONS IN DIGNITY DEPENDS NOT ON PROCEDURAL OR MANAGERIAL DEVICES, BUT ON THE LOYALTY OF THE GUARDIANS TO THEIR WARDS. (MJW)