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Preparation for Guardianship

Wisconsin: The Process for Establishing Guardianship of an Adult
Source: Coalition of Wisconsin Aging Groups
Content Type: PDF
A flowchart that shows the process of establishing guardianship in Wisconsin.

Maryland: Adult Guardianship Process- Role of the Interested Person
Source: The People’s Law Library of Maryland
Content Type: Website
Explains the role of the interested person in establishing guardianship, and provides Maryland law and rules governing guardianship.

Michigan Handbook for Guardian Ad Litem or Court Appointed Attorneys
Source: Michigan Long Term Care Ombudsman Office
Content Type: Word Document
Good example of a state specific handbook for attorneys appointed as guardian ad litem or who are representing the alleged disabled in a guardianship action. This could very useful in developing a state specific handbook for other states.

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

Form for Physician Assessment in a New York Guardianship
Source: New York
Content Type: PDF
A good example of a meaningful assessment to be completed by a physician as part of the assessment of capacity in considering guardianship of an adult.

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
Source: American Bar Association Commission on Law and Aging
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).

For More Information

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