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Guardianship

Guardianship handbooks
Source: NLRC
Content Type: PDF
Many states have handbooks for lay persons appointed to serve as guardian for an adult with a disability. The attached report lists many of the handbooks and links to the publications.

TCSG for Purchase Guardianship Publications
Source: The Center for Social Gerontology
Content Type: For Purchase Research Study
Seven research studies and guides related to guardianship and mediation of guardianship. Cost ranges from $10-$75 depending on publication.

Adult Guardianship State Legislative Charts
Source: American Bar Association
Content Type: State Laws
Charts detailing the state laws covering 6 aspects of guardianship proceedings.

2007 State Emergency Guardianship Statutes
Source: American Bar Association
Content Type: State Laws
Chart detailing state emergency guardianship statutes.

Preparation for Guardianship

Judicial Determination of Capacity of Older Adults in Guardianship Proceedings
Source: American Bar Association Commission on Law and Aging & American Psychological Association
Content Type: Manual
Framework for judges in capacity determinations.

ABA Joint Campaign for Uniform Guardianship Jurisdiction
Source: American Bar Association Commission on Law and Aging
Content Type: Website
Resources on Uniform Guardianship Jurisdiction. New resources are regularly added.

Public Guardianship after 25 Years: In the Best Interest of Incapacitated People? 2007
Content Type: Research Report
Reviews various models of public guardianship across the country. Offers a range of recommendations.

State Legislative Chart: Limited Guardianship of the Person, 2008
Source: American Bar Association
Content Type: State Laws
Chart referencing all 50 states statutes and/or codes for limited guardianship.

State Legislative Chart: Initiation of Guardianship Proceedings, 2007
Source: American Bar Association
Content Type: State Laws
Chart referencing states statutes and/or codes on Capacity Definition and Initiation of Guardianship Proceedings.

State Legislative Chart: Representation and Investigation in Guardianship Proceedings, 2007
Source: American Bar Association
Content Type: State Laws
Chart referencing state laws on Right to Counsel, Counsel's Role, Guardian ad Litem, Visitor and Medical Documentation and Evaluation for Guardianship Proceedings.

State Legislative Chart: Notice in Guardianship Proceedings
Source: American Bar Association
Content Type: State Laws
Chart referencing State statutes/code requirements for notice in Guardianship proceedings.

State Legislative Chart: Conduct and Findings of Guardianship Proceedings
Source: American Bar Association
Content Type: State Laws
Chart referencing State statutes/code requirements for conduct and findings (Convenient Location, Presence in Court, Jury Trial, Standard of Proof, Required Findings, Tailored Order).

Duties of Guardian

Guardianship handbooks
Source: NLRC
Content Type: PDF
State by state listing of handbooks for guardians, compiled in March 2011.

Michigan Handbook for Guardians of Adults
Source: Bradley Geller, Michigan Long Term Care Ombudsman Program
Content Type: Handbook
Handbook as a PDF document. The handbook contains detailed instructions written for family members and friends appointed as guardians of adults. This handbook is specific to Michigan laws and would serve as a starting point or model for developing other state specific handbooks for newly appoitned guardians.

In Brief: Guarding the Guardians: Promising Practices for Court Monitoring, 2007
Source: American Association of Retired Persons Public Policy Institute
Content Type: Research Report
Methods for helping courts protect some of our society's most vulnerable people. Through site visits to exemplary courts, the authors have identified promising approaches that can be replicated by courts around the country.

Wards of the State: A National Study of Public Guardianship, 2005
Source: American Bar Association Commission on Law and Aging
Content Type: Research Report
Comprehensive report studying guardianship practices across the country.

Holding Guardians Accountable: What Can Courts Do? Promising Practices from a National Study, 2007
Source: American Bar Association Commission on Law and Aging
Content Type: Conference Training Podcast
75 minute podcast.

State Legislative Chart: Monitoring Following Guardianship Proceedings, 2007
Source: American Bar Association Commission on Law and Aging
Content Type: State Laws
Chart referencing State statutes and codes on requirements for monitoring after a guardianship proceeding.

Model Code of Ethics for Guardians, 1988
Source: National Guardianship Association
Content Type: Model Code
Model Code and comments, standards, and examples.

For More Information

More information on this topic might be found in the following areas of the Legal Issues library:
Financial Exploitation