84) The plaintiff criticized the differing procedures used for appointing guardianships in New York State, and highlighted the deprivations of rights of individuals with intellectual and developmental disabilities.
As one Surrogate's Court concluded: "[Article 17-A] guardianships are of unlimited duration and scope, with no provision for independent review or examination.
255) In fact, the New York County Surrogate's Court has struggled with these divergent processes and recognizes that subjects of Article 17-A guardianships are similarly situated and therefore should be treated equally to subjects of Article 81 guardianships.
Florida's guardianship system exists to assist and protect an individual who is judged by a court to be unable to make decisions for himself or herself.
In October, Labarga established the Guardianship Workgroup under the court's Judicial Management Council, the group that advises the chief justice and the Supreme Court on long-range issues confronting Florida's judiciary.
The workgroup will examine judicial procedures and best practices pertaining to guardianship to ensure that courts are best protecting the person, property, and rights of individuals who have been judged to be incapacitated and persons who may have diminished capacity to function independently.
To limit the duration of guardianships, the legislature amended F.
Ultimately, judges are the referees and arbiters of what happens under their watch because guardianships are creatures of the court, and guardianship proceedings are usually decided by a judge--not a jury.
state's protective power, in practice guardianships over older
older people into guardianships, because third parties demand a legally
Clearly, there is a need to assess whether the guardianship and administration system sufficiently addresses the needs of older people.
In the 20th century, a medical approach to adult guardianship dominated laws and attitudes.