When older adults are thought to no longer be able to make decisions for themselves, physicians may be asked to determine decisional capacity and assist in the application for guardianship. Guardianship can be a long, expensive, and confusing process. This chapter explores in detail the process of assessing decisional capacity, application for guardianship, and the disadvantages/limitations of guardianships. In addition, this chapter also highlights alternatives to guardianship.
KeywordsGuardianship Guardian Conservator Capacity Older adults Ward
- 1.National Guardianship Association. What is guardianship? Available from: https://www.guardianship.org/what-is-guardianship/.
- 5.PRACTICAL Tool for Lawyers: steps in supporting decision-making. 2016. Available from: https://www.americanbar.org/content/dam/aba/administrative/law_aging/PRACTICALGuide.pdf.
- 11.Elder abuse facts. Available from: https://www.ncoa.org/public-policy-action/elder-justice/elder-abuse-facts/.
- 12.NAPSA. NAPSA Adult Protective Services Abuse Registry National Report. 2018.Google Scholar
- 13.Types of abuse [cited 2018]. Available from: https://ncea.acl.gov/faq/abusetypes.html - self.
- 29.ABA Commission on Law and Aging. Capacity definition &initiation of guardianship proceedings American Bar Association. 2016. Available from: https://www.americanbar.org/content/dam/aba/administrative/law_aging/chartcapacityandinitiation.authcheckdam.pdf.
- 30.Guardianship Health Care Decision-Making Authority and Statutory Restrictions American Bar Association. 2014. Available from: https://www.americanbar.org/content/dam/aba/administrative/law_aging/2014_HealthCareDecisionMakingAuthorityofGuardiansChart.authcheckdam.pdf.
- 32.Aviv R. How the elderly lose their rights. The New Yorker; 2017. https://www.newyorker.com/magazine/2017/10/09/how-the-elderly-lose-their-rights.