9) With this language in mind, the Task Force determined that the opinion of two examining committee members (10) reporting against the need for a guardianship
(11) would warrant dismissal of the petition.
Mental capacity is an especially useful mechanism in the adult guardianship
context, allowing for the (apparent) reconciliation of socially valuable, but ideologically inconsistent, purposes: the legally enforced and legally enforceable protection of individual autonomy (2) and the realization of important social policy goals that seem to require interference with that autonomy.
While the significance of this ambiguity in the overall appointments of SCPA 17-A guardians is difficult to measure because of inadequate data regarding adult guardianships
, (60) issues emerging from some recently reported decisions indicate practitioners can face significant challenges.
The information obtained from this study should contribute to a change in the way guardianships
for young adults with disabilities are viewed and handled by parents, educators, community service providers, and members of the judiciary.
Grossman ticked off the various entities who have been working on guardianship
issues for years, including the Government Lawyer Section, the Elder Law Section, the Real Property Probate and Trust Law Section, as well as the Department of Elder Affairs and his fairness subcommittee, who's first priority is monitoring guardians.
The important thing is to ask if a guardianship
will make life better.
This article will track several aspects of guardianship
terminations, beginning with the development of the best-interest standard, the burden-shifting approach to termination, whether there has been a change in the standard after a recent Illinois Supreme Court case, and the impact of the new Illinois Supreme Court rules on these types of cases.
For years, guardianships
were a statutory version of the Hotel California--you could get in, but you could never leave.
This edition has added practice tips, comments, and forms, analysis of new cases interpreting Oregon's guardianship
and conservatorship statutes, and discussions of amendments and additions to those statutes, including the Uniform Adult Guardianship
and Protective Proceeding Jurisdiction Act.
The waiver will also allow funding of intensive services to support reunification, adoptions or guardianships
of foster children.
That the state took in considerably more funds than it expended on the guardianships
signaled its hypocrisy for the multifarious members of the temperance movement, who hailed from all social strata and political spectrums.
Interstate jurisdictional issues sometimes arise when states do not recognize guardianships
originating in other states.