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Guardianship

Wings Awards 2015
Source: NAELA
Content Type: PDF
The National Guardianship Network (NGN) is pleased to announce five new awards of seed monies and technical assistance to states to create innovative, consensus-driven Working Interdisciplinary Networks of Guardianship Stakeholders (WINGS). By combining the efforts of all stakeholders into WINGS, states can better improve judicial processes, protect individual rights, address insufficient funding, ensure guardian accountability and fiduciary standards, and provide for less restrictive decision-making options. After receiving applications from the highest courts in a number of states, NGN selected five states: The District of Columbia Courts; The Supreme Court of Indiana, The Supreme Court of Minnesota, The Mississippi Supreme Court, The Washington State Supreme Court.

2014 Guardianship State Legislative Update
Source: American Bar Association
Content Type: Website
Annual update of changes in state laws relating to guardianship of adults.

Guardianship and Conservatorship Proceedings Regarding Incapacitated Adults in Virginia
Source: Virginia State Bar
Content Type: PDF
Provides information about guardianship in Virginia, including modification and termination of guardianship.

A Texas Guide to Adult Guardianship
Source: Texas Department of Aging and Disability Services
Content Type: PDF
Provides information about guardianship in Texas, as well as alternatives to guardianship and modifying and terminating guardianship.

Guardianship in Florida
Source: Florida Bar
Content Type: PDF
This article provides information about guardianship, how to determine if someone becomes incapacitated, who can become a guardian, and the duties of a guardian.

State Replication Guide For Working Interdisciplinary Networks Of Guardianship Stakeholders
Source: National Center for State Courts
Content Type: Webpage
A handbook for creating a state or regional WINGS group to:  Identify strengths and weaknesses in the state’s current system of adult guardianship and less restrictive decision-making options;  Address key policy and practice issues;  Engage in outreach, education and training; and  serve as an ongoing problem-solving mechanism to enhance the quality of care and quality of life of adults in or potentially in the guardianship and alternatives system.

Florida Guardianship Statutes
Source: Florida State Guardianship Association
Content Type: Website
Explains what guardians are and the Florida Statutes regulating guardianship. This page also provides a link to the Florida Bar's publication on guardianship.

National Guardianship Network
Source: NGN
Content Type: Website
The National Guardianship Network is a coalition of organizations committed to reform and improvement of the protections of the human and Constitutional rights of adults with differing capacity.

Florida Guardianship Law and Information
Source: University of Miami
Content Type: PDF
Detailed information about guardianship in Florida, including the process of guardianship as well as terminating guardianship.

Programs and Materials from the World Congress on Guardianship
Source: National Guardianship Network
Content Type: Website
Presentations and materials from the Third World Congress on Guardianship was held in 2014.

Best Practices from Emeritus Pro Bono Practice Programs
Source: ABA Commission on Law and Aging
Content Type: PDF
Lessons learned and best practices for Emeritus pro bono practice programs.

Legal Ethics in Guardianship Case
Source: Bloomberg BNA
Content Type: Web Article
Lawyer was found in violation of conflicts of interest rules in attorney ethics discipline case when the attorney entered into representation of an elderly client, filed for guardianship of the client and later withdrew that filing and represented a family member filing for guardianship.

Defending Against A Guardianship Case

Modification and Termination of Guardianship Orders in North Carolina
Source: North Carolina Office of Indigent Defense Services
Content Type: PDF
Provides information about modifying or terminating guardianship with citations to North Carolina statutes. Also provides information about removing a guardian, resignation of a guardian, and appointing a successor guardian.

How to Modify or Terminate a Guardianship in Washington State
Source: Disability Rights Washington
Content Type: Website
Information about modifying and terminating a guardianship in the state of Washington.

50 State Survey of Termination of Guardianship Provisions
Source: ABA Commission on Law and Aging
Content Type: PDF
A 50 state survey of statutory provisions on restoration of rights for adults subject to guardianship.

Statutory Appeals Provisions in Adult Guardianship (2013)
Source: ABA Commission on Law and Aging
Content Type: PDF
A 50 state survey of the appeals provisions in adult guardianship cases.

A Michigan Guide to the Defendants Rights in a Guardianship Case
Source: Michigan Long Term Care Ombudsman
Content Type: Word Document
An example of a document explaining the rights and options under state law for the respondent in a guardianship case. Would be a good example for creating state specific guides.

For More Information

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