Guardianship Court Improvement Program (August 2020) - The American Bar Association continued its long-standing commitment to advancing adult guardianship reform and adopted a resolution urging Congress to invest in a Guardianship Court Improvement Program. The resolution was co-sponsored by the ABA Commission on Law and Aging, Senior Lawyers Division, Section of Real Property, Trust and Estates Law, and Commission on Disability Rights.
Supported Decision-Making, August 2017, 113 - Urges state, territorial, and tribal legislatures to (1) amend their guardianship statutes to require that SDM be identified and fully considered as a less restrictive alternative before guardianship is imposed and (2) require that decision-making supports that would meet the individual's needs be identified and fully considered in proceedings for termination of guardianship and restoration of rights. The Resolution further urges courts to consider (1) supported decision-making as a less restrictive alternative to guardianship and (2) decision making supports that would meet the individual's needs as grounds for termination of a guardianship and restoration of rights.
August 2013, 100A
Urges courts with jurisdiction over adult guardianship and governmental agencies that administer representative payment programs for benefits to collaborate with respect to information sharing, training and education in order to protect vulnerable individuals with fiduciaries who make financial decisions on their behalf.
August 2012, 106B
Adopts the Third National Guardianship Summit Standards and Recommendations, dated August 2012, and urges courts, as well as national, state, local, tribal and territorial policy-making bodies to implement them.
February 2009, 111A
Encourages the federal government to provide funding and support for training, research, exchange of information on practices, consistent collection of data, and development of state, local and territorial standards regarding adult guardianship.
Wingspan, August 2002, 108B
Urges state, territorial and local policy-making bodies to implement principles derived from the 2001 Wingspan conference on adult guardianship. Wingspan convened close to 80 experts including representatives from the ABA Commission on Legal Problems of the Elderly and the Section on Real Property, Probate and Trust Law, and resulted in recommendations on: (1) broad-based overarching adult guardianship issues; (2) guardianship diversion and mediation; (3) procedural due process; (4) fiduciary issues; (5) monitoring and accountability; and (6) agency guardianship.
February 2000, 106
Urges: (1) the Senate of the United States to give its advice and consent to the ratification of the Hague Convention on the International Protection of Adults, the final text of which was adopted by the Hague Conference on Private International Law on October 2, 1999; and (2) the Congress of the United States to enact legislation implementing fully and uniformly this Convention which concerns the protection of adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their personal, health care or property interests in an international context.
February 1989, 104
Supports the following recommendations of the National Guardianship Symposium, which aim to safeguard the rights and maximize the autonomy of adult disabled wards and proposed wards, while providing for their needs.
Urges the implementation of the recommendations at the state and local level through appropriate legislation, legal and judicial rules and practices, workable programs, and educational sessions.
August 1987 Recommendation
Supports efforts to improve judicial practices concerning guardianship, and adopts the following Recommended Judicial Practices and urges their implementation for the Elderly at the state level.
August 1977 Recommendation
Urges the swift and effective implementation of federal laws and regulations codifying the rights of mentally handicapped persons, and further urges state governments to consider legislation insuring such rights within their respective jurisdictions.