Ethics and Guardianship
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Ethics and Guardianship
Links and Resources
General Bibliography
Florida Department of Elder Affairs, Statewide Public Guardianship Office. How to minimize the coming Guardianship wave in Florida. Tallahassee: SPGO, 2008.
Golbert CP. Justice for Children, Adults with Disabilities and the Elderly: Reflections from 15 Years as an Attorney with the Office of the Public Guardian of Cook County, Illinois. DePaul Journal for Social Justice 2007;1(1):51-82.
Hardy JD. Who is guarding the guardians? A localized call for improved guardianship systems and monitoring. NAELA Journal 2008;4(1):1-33. [National Academy of Elder Law Attorneys]
Karp N, Wood EF. Guarding the Guardians: Promising Practices for Court Monitoring,
research report, AARP 2007.
Zimring SF. Ethical Issuesin Representing Seniors, Persons with
Disabilities and Their Families. NAELA Journal 2008;4(2):125-151. [National Academy of Elder Law Attorneys]
Community-State Partnerships to Improve End-of-Life Care, a former Robert Wood Johnson Foundation-supported project, issued a periodical, State Initiatives in End-Of-Life Care, the March 2002 issue of which featured a number of articles on guardianship.
AARP
http://www.aarp.org/research/legal/guardianships/
The AARP maintains a number of resources and issues reports on various topics of importance to guardians.
American Bar Association Commission on Law and Aging
http://www.abanet.org/aging/guardianship.html
Includes a guardianship state legislative update and summary and the document “Health Care Decision-Making Authority: Health Care Agents vs. Court Appointed Guardians.”
California Law Revision Commission
Recommendation: Health Care Decisions for Adults Without Decisionmaking Capacity.
http://www.clrc.ca.gov/pub/Printed-Reports/Pub201-HCDL.pdf
Important policy document leading to changes in California law.
Ethics and Elder Law
http://courseweb.stthomas.edu/tscollett/docs/Ethics%20and%20Elder%20Law%20bib2.htm
Site maintained by a Minneapolis law professor provides extensive bibliographies.
Florida Courts, 17thJudicial Circuit, Broward County
http://www.17th.flcourts.org/probate_division.html
Offers a handbook for guardians and access to local guardianship procedures and forms.
Florida Department of Elder Affairs, Statewide Public Guardianship Office
http://elderaffairs.state.fl.us/english/public.html
Provides a list of the state’s registered professional guardians, the various offices of public guardians throughout Florida, current issues affecting Florida guardianship law and valuable resource links.
The Florida Senate
http://www.flsenate.gov/statutes/
This site provides access to all Florida Statutes. Those of particularly relevance to guardianship and surrogate decision making are Chapter 744 and Chapter 765.
Florida State Guardianship Association
http://www.floridaguardians.com/
Contains information concerning the nature and various types of guardianships. Membership applications and a schedule of conferences and events are also available.
Illinois Office of State Guardian
gac.state.il.us/osg/osgsp.html
Provides an intake telephone number where information can be obtained concerning many aspects of guardianship, including one module titled “Ethics and guardianship: how do I know how and when to do the right thing?”
Illinois Office of State Guardian
gac.state.il.us/osg/pg_ethic.html
Addresses ethical and practical considerations for guardians as part of a larger resource, “A Practitioner’s Guide To Adult Guardianship In Illinois.”
Los Angeles Times series on guardianship
http://www.latimes.com/news/local/la-me-conservators-series,0,7048390.special
Analyses of more than 2,400 cases handled by California's professional conservators since 1997, with extensive interview.
National Academy of Elder Law Attorneys (NAELA)
http://www.naela.org/pdffiles/Recommendations.pdf
Contains Wingspan recommendations for national uniform guardianship legislation in document titled “Wingspan – The Second National Guardianship Conference, Recommendations.”
National Guardianship Association
http://www.guardianship.org/index.cfm
The National Guardianship Association is a national organization for guardians that provides a wide range of resources. This site includes access to “a model code of ethics for guardians” and a “Standards of Practice” document.
National Center for Ethics in Health Care
http://www1.va.gov/vhaethics/download/EthicsRx/EthicsRx_Feb06.pdf
This Veterans Health Administration site gives policy guidance on the question whether, under HIPAA, clinicians may disclose health information to surrogates. (Answer: Yes, they may.)
New Hampshire Probate Court
http://www.courts.state.nh.us/probate/guardianship.html
Gives common questions and answers concerning guardianship issues in New Hampshire.
University of Miami Ethics Programs
http://www.miami.edu/ethics/index.html
Includes resources dealing with various ethical issues in health care and business, including an ethics and geriatrics curriculum, a timeline and other material on the Terri Schiavo case and an extensive privacy, data protection and HIPAA resource.
