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NCJRS Abstract

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NCJ Number: 62826 Find in a Library
Title: PUBLIC GUARDIANSHIP - PROTECTING THE INTERESTS OF THE WARD
Journal: LAW AND HUMAN BEHAVIOR  Volume:2  Issue:3  Dated:(1978)  Pages:267-282
Author(s): W LANGEN
Corporate Author: Plenum Publishing Corp
United States of America
Date Published: 1978
Page Count: 16
Sponsoring Agency: Plenum Publishing Corp
New York, NY 10013-1576
Format: Article
Language: English
Country: United States of America
Annotation: THE MECHANISM OF GUARDIANSHIP HAS BEEN CHANGED BY THE CREATION OF GOVERNMENTAL AGENCIES POSSESSING GUARDIANSHIP POWERS, AND THIS ARTICLE EXPLORES SOME OF THE ETHICAL AND LEGAL CONSEQUENCES.
Abstract: THE LAW'S REACTION TO ADULTS WHO ARE PERCEIVED TO BE UNABLE TO HANDLE THEIR OWN AFFAIRS PRESENTS A DIFFICULT, SENSITIVE PROBLEM TO SOCIETY. THIS ARTICLE DISCUSSES GUARDIANSHIP AND CONSERVATORSHIP, JUDGING THE GUARDIAN'S PERFORMANCE, PUBLIC GUARDIANSHIP, AND INTERAGENCY CONSIDERATIONS. CONFLICTS AMONG WARDS AND INTERAGENCY DISPUTES ARE EXAMINED AS WELL AS THE MANIPULATION OF GUARDIANSHIP BY INTERESTED PERSONS. COURT MONITORING OF GUARDIANSHIP IS DISCUSSED, AND THE SEVERAL METHODS FOR REDUCING THE LIKELIHOOD THAT THE WARD'S RIGHTS WILL BE INFRINGED ARE OUTLINED. THE ARTICLE CONCLUDES THAT SUBORDINATION OF THE WARD'S INTEREST TO OTHER CONSIDERATIONS IS A VIOLATION OF THE GUARDIANS' DUTY OF LOYALTY. THE AVOIDANCE OF IMPROPRIETIES AND THE MAINTENANCE OF INCAPACITATED PERSONS IN DIGNITY DEPENDS NOT ON PROCEDURAL OR MANAGERIAL DEVICES, BUT ON THE LOYALTY OF THE GUARDIANS TO THEIR WARDS. (MJW)
Index Term(s): Law reform; Older Adults (65+); Persons with Disabilities
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=62826

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