Lecture Notes
(from Instructor's Manual by Ronald J. Schwartz, J.D., L.L.M. for textbook
Law and Aging - Essentials of Elder Law - 1st Edition - Pearson Publications)

Guardianships

Topical Outline
a. Typical Case Scenario; Completion of Guardianship Intake Questionnaire
b. Judicial Intervention
c. Initial Pleading
d. Hearing
e. Duties of Guardian
f. Termination of Guardianships

Learning Objectives
a. to have a basic understanding of the law of guardianships for the elderly
b. to become familiar with the use of guardianships in cases where clients are not able to handle their own affairs, due to illness and incapacity
c. to assess situations and determine if it is appropriate to institute guardianship proceedings

Job Competencies
a. to conduct an interview with the family of an individual who may be the subject of a guardianship
b. to complete the guardianship questionnaire, which is found in Appendix VI of the textbook
c. to be able to draft the initial pleadings in a guardianship proceeding
d. to be able to prepare a financial inventory of the client's assets
e. to be able to assist the elder law practitioner at a hearing
f. to draft necessary documents in connection with the termination of a guardianship

Key Concepts
In the practice of elder law it is recommended that clients prepare advance directives so they can maintain control of their lives even when they do not have the mental or physical capacity to do so on their own. What happens if a client should become ill without the benefit of having these documents in place? If married, the well spouse has no legal authority, unless their marital partner has executed advance directives. Contrary to popular belief, neither a husband or wife nor a child has the authority to act on behalf of a spouse or parent based upon marital or filial standing. If an individual has not planned ahead of catastrophic illness, then judicial intervention may become necessary. A keen understanding of guardianship law and medical decision making is crucial. Judicial Intervention should be considered only when advanced planning has not been done and there is no other alternative. A guardianship proceeding can be costly and emotionally draining for the family and can result in stripping the individual of all dignity, self-respect and independence.