Abstract
When the court appoints a guardian for an adult, what is the expectation of how the guardian will fulfill this daunting and powerful role? Guardians must make decisions on behalf of vulnerable, at-risk individuals who a judge has determined cannot make some or all decisions about their care or property. Rights are transferred from the person to the guardian, who must “step into the person’s shoes” and must be answerable to court. It is one of society’s toughest tasks, with the highest duty of care and accountability. Despite some degree of guidance in state laws and court rules, nowhere is there a universally recognized set of standards defining how a guardian should perform and make decisions. Indeed, the National Guardianship Association has produced a sound and comprehensive set of standards of practice—but only a small minority of guardians and courts are aware of these standards.
Recommended Citation
Hurme, Sally and Wood, Erica
(2012)
"Introduction,"
Utah Law Review: Vol. 2012:
No.
3, Article 2.
Available at:
https://dc.law.utah.edu/ulr/vol2012/iss3/2