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NCJRS Abstract

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NCJ Number: 51376 Find in a Library
Title: PROTECTIVE SERVICES FOR THE ELDERLY - THE LIMITS OF PARENS PATRIAE (FROM LAW OF THE ELDERLY, 1977, BY JONATHAN A WEISS - SEE NCJ-51375)
Author(s): P M HORSTMAN
Corporate Author: Practicing Law Institute
United States of America
Date Published: 1977
Page Count: 64
Sponsoring Agency: Practicing Law Institute
New York, NY 10019
Format: Document
Language: English
Country: United States of America
Annotation: THE CONCEPT OF PROTECTIVE SERVICES AS APPLIED TO THE ELDERLY IS DISCUSSED, WITH ATTENTION TO GUARDIANSHIP PROCEEDINGS, AND THE LIMITS OF THE 'BEST INTERESTS' DOCTRINE.
Abstract: THE ARTICLE EMPHASIZES THE FACT THAT THE DECLARATION OF INCOMPETENCY REQUIRED FOR GUARDIANSHIPS IS OFTEN AN EVENT OF GREAT CONSEQUENCE FOR THE INDIVIDUAL. IT DEMONSTRATES THE STRIKING ABSENCE OF PROCEDURAL FORMALITY IN INCOMPETENCY DETERMINATION, THE ARTICLE EXAMINES THE 'BEST INTERESTS' DOCTRINE WHICH HAS BEEN USED AS A HISTORICAL AND LEGAL JUSTIFICATION FOR PROCEDURAL INFORMALITY, AND ILLUSTRATES HOW POORLY THE 'BEST INTERESTS' DOCTRINE HAS SERVED THE ELDERLY IN GUARDIANSHIP MATTERS. THE PROTECTIVE SERVICES CONCEPT IS DISCUSSED, WITH EMPHASIS ON THE HISTORICAL FOUNDATION OF GUARDIANSHIP, THE DISTINCTION BETWEEN INVOLUNTARY COMMITMENT AND GUARDIANSHIP, AND THE ABUSE OF THE MEDICAL MODEL WITH REGARD TO DEFINING OBJECTIVE PATHOLOGICAL BEHAVIORAL VARIANCES AS GROUNDS FOR COMMITMENT. THE EMOTIONAL COSTS, THE PROCEDURAL REQUIREMENTS OF DUE PROCESS OF LAW, AND THE CONDUCT OF INCOMPETENCY PROCEEDINGS IN GUARDIANSHIP DETERMINATIONS ARE DISCUSSED. THE LIMITS OF PARENS PATRIAE ARE OUTLINED, WITH ATTENTION TO SUBSTANTIVE DUE PROCESS AND INVOLUNTARY CUSTODIAL CONFINEMENT OF THE ELDERLY. JUDICIAL DECISIONS ARE CITED AND DISCUSSED. REFERENCES ARE FOOTNOTED. (KBL)
Index Term(s): Civil commitment; Critiques; Laws and Statutes; Older Adults (65+)
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=51376

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