User:Meganllawrence/Legal guardian

'''[Note from Tess: Nice work with this Mega. I also think it's really smart to have the "alternatives to guardianship" section here - thanks for adding that. One thing that could still use improvement is citation to the Melton book - could you fix the citation for source #1 so it accurately cites Melton book? I know you didn't put it in here like this, but if you fix it that would be great. Thank you for your work on this assignment and in this class!]'''

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For example, a legal guardian might be granted the authority to make decisions regarding a ward’s housing or medical care or manage the ward’s finances (Squatrito Miller, 2013). Guardianship is most appropriate when an alleged ward is functionally incapacitated, meaning they have a lagging skill critical to performing certain tasks, such as making important life decisions (McSwiggan et al., 2015). a judge ultimately decides whether guardianship is appropriate and, if so, will appoint a guardian (Squatrito Miller, 2013).

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In some circumstances, guardianship is required to serve as a safeguard to protect the ward (Frolik, 1998). Guardianship has the potential to produce false positives and false negatives (Frolik, 1998)

Guardianship proceedings often include a clinician’s statement evaluating the individual’s functional capacities (McSwiggan et al., 2015) Guardianship laws in the United States were reformed in the 1970s and 1980s to promote the dignity of wards A systematic review covering studies from the United States, Sweden, and Australia found that the most commonly used evidence in guardianship hearings was the alleged ward’s medical condition, yet mention of descriptions of the alleged ward’s cognitive abilities, functional abilities and psychiatric symptoms were much less common (McSwiggan et et al., 2015).

ELDERLY A systematic review found that most alleged wards are elderly (Ms = 76-82 years), many of whom resided in a care facility and had been diagnosed with a neurological impairment such as dementia (McSwiggan et al., 2015). More research is needed to make broad claims about how guardianship systematically impacts elderly populations (Squatrito Miller, 2013).

INTELLECTUAL DISABILITY When young adults warrant a guardian when entering adulthood (e.g., adults with a severe cognitive disability), it is important to note that their parents are not automatically appointed to serve as their guardian–this is appointed by court (Squatrito Miller, 2013).

MINOR

Guardianship for a minor may be appropriate if the minor’s parents cannot properly manage their child’s safety and well-being (Wex Definitions Team). If a minor is appointed a guardian that is not a parent, the court will determine how the parent’s rights are impacted by the appointment (e.g., visitation schedules; Delaware courts). REFORMS Reforms can get too drastic to the point where they overcome the purpose of guardianship Some reforms may have backfiring effects. For example, some states require the alleged ward to attend their hearing. This may delay hearings, the alleged ward doesn’t want to attend, etc. (Frolik, 1998; e.g., Björkstén et al., 2014, as cited in McSwiggan et al., 2015)

UNITED STATES Guardianship is not federally regulated, and states vary widely in how they address and manage guardianship cases (US DOJ; Wex definitions team).

ALTERNATIVES TO GUARDIANSHIP Because the pursuit of guardianship can strip wards of their autonomy and forfeit their ability to make certain decisions, guardianship has the potential to damage a ward’s health, well-being (Melton et al., 2017), and self-determination (Squatrito Miller, 2013). As a result, if an individual is concerned about the competence of a loved one, they could consider whether there are less restrictive alternatives to guardianship that can achieve the same goals (Melton et al., 2017; Moye & Nork, 2014; Squatrito Miller, 2013; US DOJ). Three examples of alternatives include establishing advance directives (US DOJ; Melton et al., 2017; Squatrito Mille, 2013), relying on supported decision-making (US DOJ), or taking advantage of community-related services that support individuals with functional limitations. Advance directives (LINK) allow an competent individual to provide their input as to what actions should be taken should they become incompetent (Melton et al., 2017). For example, in a healthcare setting, an advance directive would allow a patient to voice what treatment options they prefer and who they would like to make decisions on their behalf should they become incompetent (Melton et al., 2017). A preliminary study suggests that approximately one third of adults in the United States have developed advance directives (Kuldeep et al., 2017). Further, guardianship may not be required if individuals with limited functional capacities have a strong support system of family or friends who can help the individual informally or formally navigate important life decisions (Squantrito Miller, 2013), called “supported decision-making” (US DOJ; Kohn et al). For example, these support individuals can provide suggestions on where their loved one should live or recommend certain treatment options in medical settings (Squatrito Miller, 2013). This support system can also help the individual modify their environment to promote their success. For example, if a family member is concerned that their loved one with reduced functional capacity might engage in an unsafe behavior (e.g., leaving the gas stove on), this family member can reduce the opportunity for this behavior (e.g., removing the gas stove) without court involvement (Squatrito Miller, 2013). This technique allows individuals to support and empower loved ones who are cognitively impaired (Kohn et al.). Finally, employing services that will alleviate stressors of daily living may allow an alleged ward to maintain their autonomy (Squatrito Miller, 2013). For example, certain volunteer organizations provide services such as telephone check-ins and home visits, and other medical or mental health professionals can provide in-home services (Squatrito Miller, 2013) In summary, while guardianship sometimes offers the best solution to supporting an individual who demonstrates functional incapacity, one might consider exploring alternative solutions before seeking legal guardianship (Moye & Nork, 2014; Squatrito Miller, 2013).