Abstract
Historically, when an individual was found "incompetent" to care for himself or to manage his own affairs or property, plenary guardianship was granted." This guardianship, which was rooted in the state's power of parens patriae, granted the guardian total surrogate management of the ward's life, property and "best interests." As a result of the guardian's power, the ward's legal status was reduced to that of a child. Current medical and behavioral scientific thought, however, questions such degradation. Scientific insight into the problems of the developmentally disabled and elderly population-the groups that comprise the majority of those persons who require guardians-reveals that the regular use of plenary guardianships not only may be excessive, but also may be detrimental. Granting plenary powers to the guardian, when the ward requires only limited assistance, may result in a feeling of resignation, helplessness and a loss of personal worth on the part of the ward.
Recommended Citation
Galt, Bonnie Chambless
(1986)
"A Critique and Revision of the Utah Guardianship
Statute for Incapacitated Persons,"
Utah Law Review: Vol. 1986:
No.
3, Article 11.
Available at:
https://dc.law.utah.edu/ulr/vol1986/iss3/11