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Guardianship capacity evaluations of older adults: comparing current practice to legal standards in two states.
J Aging Soc Policy. 2003; 15(1):97-115.JA

Abstract

This study examined the evaluations of capacity of alleged incapacitated persons (AIPs) between two states and compared the thoroughness of the evaluations to state law. These evaluations are frequently the only source of information on cognitive and psychiatric symptoms, functional abilities, and current treatments. One hundred nineteen evaluations of capacity were reviewed using the Guardianship Evaluation Review Instrument. Findings indicated that states differed on the AIP's age, presence at the court hearing, and description of current treatments. Overall, data suggested that evaluation thoroughness was substandard. In over 75% of cases, full guardianship was granted. Issues on terminology, concern regarding evaluators and courts, and ways for evaluators and the court to fulfill their responsibilities to older adults are discussed.

Authors+Show Affiliations

West Virginia University, Department of Counseling, Rehabilitation Counseling, and Counseling Psychology, Center on Aging, Morgantown 26506, USA. kdudley@wvu.eduNo affiliation info available

Pub Type(s)

Comparative Study
Journal Article

Language

eng

PubMed ID

12822696

Citation

Dudley, Kenneth C., and R Turner Goins. "Guardianship Capacity Evaluations of Older Adults: Comparing Current Practice to Legal Standards in Two States." Journal of Aging & Social Policy, vol. 15, no. 1, 2003, pp. 97-115.
Dudley KC, Goins RT. Guardianship capacity evaluations of older adults: comparing current practice to legal standards in two states. J Aging Soc Policy. 2003;15(1):97-115.
Dudley, K. C., & Goins, R. T. (2003). Guardianship capacity evaluations of older adults: comparing current practice to legal standards in two states. Journal of Aging & Social Policy, 15(1), 97-115.
Dudley KC, Goins RT. Guardianship Capacity Evaluations of Older Adults: Comparing Current Practice to Legal Standards in Two States. J Aging Soc Policy. 2003;15(1):97-115. PubMed PMID: 12822696.
* Article titles in AMA citation format should be in sentence-case
TY - JOUR T1 - Guardianship capacity evaluations of older adults: comparing current practice to legal standards in two states. AU - Dudley,Kenneth C, AU - Goins,R Turner, PY - 2003/6/26/pubmed PY - 2003/8/2/medline PY - 2003/6/26/entrez SP - 97 EP - 115 JF - Journal of aging & social policy JO - J Aging Soc Policy VL - 15 IS - 1 N2 - This study examined the evaluations of capacity of alleged incapacitated persons (AIPs) between two states and compared the thoroughness of the evaluations to state law. These evaluations are frequently the only source of information on cognitive and psychiatric symptoms, functional abilities, and current treatments. One hundred nineteen evaluations of capacity were reviewed using the Guardianship Evaluation Review Instrument. Findings indicated that states differed on the AIP's age, presence at the court hearing, and description of current treatments. Overall, data suggested that evaluation thoroughness was substandard. In over 75% of cases, full guardianship was granted. Issues on terminology, concern regarding evaluators and courts, and ways for evaluators and the court to fulfill their responsibilities to older adults are discussed. SN - 0895-9420 UR - https://www.unboundmedicine.com/medline/citation/12822696/Guardianship_capacity_evaluations_of_older_adults:_comparing_current_practice_to_legal_standards_in_two_states_ L2 - http://www.tandfonline.com/doi/full/10.1300/J031v15n01_06 DB - PRIME DP - Unbound Medicine ER -