A guardianship or conservatorship is a relationship created by a court which gives the guardian the ability to make decisions for the ward. State law and terminology vary, but typically the process begins with a finding that the ward is incapacitated and the court appoints someone as a guardian of the person and/or the property of the ward. While guardianships are meant to protect the interests of the incapacitated person, there is a possibility of exploitation or abuse by the guardian.
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be borrowed from the NCSC Library; call numbers are provided.
The revised standards replace the 1993 standards and reflect 20 years of evolution of probate courts. While they are aspirational in nature, the goals should be obtainable by probate courts that are provided with reasonable levels of resources. The Standards focus on probate court but would apply to any judge responsible for a probate matter.
Increases in three populations—the elderly, persons with disabilities, and the homeless—will require courts to rethink and revise approaches to decision-making assistance.
These “red flags” serve as risk indicators in guardianship or conservatorship cases.
A projection of active pending adult-guardianship cases nationwide demonstrates the need for improved data collection. Retrospectively, 2010 may be remembered as a pivotal year in the call for guardianship reform at both federal and state levels.
The Conservator Account Monitoring Preparation and Electronic Reporting System (CAMPERS) allows conservators appointed by courts to file their reports online.
This program uses trained volunteers to oversee guardianship cases involving incapacitated adults. The volunteers report to the court on the well-being of the wards and the status of their assets. Mandated training must be completed prior to assignment. Volunteers (often with a background in accounting, finance, or bookkeeping) examine court-required financial reports to ensure that timely and accurate accountings of wards' assets are submitted.