After several waves of reforms, states have beefed up the rights of people at risk of guardianship and strengthened courts’ oversight responsibilities. But the reality in courtrooms doesn’t always match the lofty language of the law. Judges, court investigators, lawyers representing people in guardianship proceedings, and professional guardians are often over-burdened and underfunded. Good intentions don’t always translate to positive outcomes.
People caught in the guardianship system — our parents, friends, or neighbors, each with his or her own rich life history — become mundane cases that courts must efficiently dispatch. In some places, guardianship hearings may last only a few minutes. The person alleged to be incapacitated is often not present for the hearing or represented by a lawyer, only meager evidence may be presented, and guardianships that could be limited to just a few areas of the person’s life become all-encompassing.
People caught in the guardianship system — our parents, friends, or neighbors, each with his or her own rich life history — become mundane cases that courts must efficiently dispatch. Once established, guardianships are rarely terminated. People under guardianship may not have access to assets, medical records, lawyers, family, or even a telephone. Under those nightmarish circumstances, even a person who had only a temporary lapse in capacity or never needed a guardian at all might find it impossible to undo a guardianship.. That’s alarming since guardianship is a demanding job and guardians are responsible for every aspect of very vulnerable people’s lives.
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