Guardianship: Comprehensive Study Notes published by Bundy Law in $$2024$$, explains the intricacies of guardianship.
* It covers circumstances defining when an adult needs a guardian, typically due to the inability to make decisions.
* It acknowledges the overwhelming nature of the guardianship process.
* **Key takeaways:** Legal thresholds for guardianship, the documentation process, and the roles and responsibilities of the guardian.
# Clinical Evaluations for Guardianship
* **Evaluator considerations:**
* Loss of decisional autonomy associated with guardianship.
* Focusing assessment on the individual's functional abilities.
* Determining if weaknesses can be addressed with assistance.
* Staying attuned to new strategies for performing evaluations.
* **Evaluation methods (Moy):** Testing, observation, and third-informant reports to assess cognition and behavior.
* **Most studied instruments (Melton et al.):**
* **Direct Assessment of Functional Status:** Requires the individual to perform activities, with points assigned based on completion quality.
* **Assessment of Capacity for Everyday Decision-Making:** Evaluates an individual's capacity to solve their own functional problems through interviews with caregivers about ward's issues (e.g., depositing a check, putting away dishes).
# Guardianship Types
There are two main types:
1. **General Guardianship (Plenary):**
* Gives the guardian total control over the ward's person, estate, or both.
* Allows decision-making on anything and everything on the ward's behalf.
* Full responsibility for treatment, financial, and property decisions.
2. **Specific Guardianship (Limited):**
* Restricts the types of decisions a guardian can make for the ward.
* **Example:** A guardian might be allowed to spend up to $$100$$ a week but cannot make larger financial decisions.
* Offers the ward more freedom than general guardianships, but is rarely used.
# Who Can Be a Guardian?
* Guardians can range from family members to government agencies, social workers, lawyers, and sheriffs.
* **Risks and Issues:**
* **Non-family guardians:** May not take the role seriously enough to ensure fair and safe decision-making.
* **Costs:** Court-appointed guardians can be very expensive over time.
* **Family members:** Can present conflicts of interest, especially concerning the ward's money and its expenditure, leading to disputes among other family members.
* The choice of guardian is often a matter of policy or law, not always the ward's preference.
* Mental health professionals can provide insight only when conflicts are observable to them.
# Guardianship Duties and Decision-Making Models
Guardians are guided by two decision-making models:
1. **Objective Test (Best Interest Model):**
* The guardian determines the action that serves the ward's best interests.
* Often used in situations like child abuse and mental health treatments to ensure the best possible outcome for the individuals involved.
2. **Subjective Substituted Judgment Model:**
* Originating from cases in Massachusetts and New Jersey.
* The guardian is to choose or act as they believe the ward would have, had the ward been competent (
