>From Subject Compilations of State Laws (most recent items listed last):
Guardians 1988-90 Nyberg 1495.04
Pecora, Anne K. "The Constitutional Right to Court-Appointed Adversary
Counsel for Defendants in Guardianship Proceedings." Arkansas Law Review
43 (1990):345-72.
Pp. 361-62, fns. 103 and 105. Citations only. Cites to codes.
Covers the sixteen states that have laws that "require courts to appoint
counsel for unrepresented defendants in guardianship proceedings" (fn.
103) and the four states that "acknowledge the allegedly disabled person's
right to counsel without mandating an appointment" (fn. 105).
P. 365, fn. 115. Citations only. Cites to codes. Covers the twelve
states that have laws allowing courts to decide on a case-by-case basis
"whether to provide counsel to defendants."
Pp. 368-69, fns. 137, 143, and 144. Citations and summaries. Cites
to codes and cases. Covers the nine states that have guardianship laws
that do not include a right to counsel (fn. 137), the eleven states that
have guardianship laws that require the appointment of an attorney or
guardian ad litem (fn. 143), and the seven states that have laws that
provide that "if an attorney is appointed, that attorney shall have the
powers and duties of a guardian ad litem" (fn. 144).
Guardians 1990-91 Nyberg 1773.01
Hurme, Sally Balch. Steps to Enhance Guardianship Monitoring. Washington:
American Bar Association, Commission on the Mentally Disabled and
Commission on Legal Problems of the Elderly, 1991.
Pp. 92-101, "Incapacity Definitions." Full text. Cites to codes.
"Chart II, Initiation of Guardianship Proceedings." Table. Cites
to codes. Covers application for guardianship, criteria, supporting
evidence, and notice.
"Chart III, Conduct and Results of Guardianship Proceedings."
Table. Cites to codes. Covers legal representation, presence in court,
closing of the courtroom, and nature of guardianship.
"Chart IV, Monitoring of Guardianships." Table. Cites to codes.
Covers limited duties, public guardians, and reporting.
"[Chart V], Temporary, Emergency, and Testamentary Appointment of
Guardians." Table. Cites to codes.
"Chart VI, Independent Restoration Proceedings." Table. Cites to
codes. Covers application for restoration, supporting evidence, notice,
hearings, jury trial, and appeals.
Guardians 1990-91 Nyberg 1773.02
Parry, John W. & Hurme, Sally Balch. "Guardianship Monitoring and
Enforcement Nationwide." Mental and Physical Disability Law Reporter 15
(1991):304-14.
Pp. 310-14, "Guardianship Monitoring Statutes." Table. Cites to
codes. Covers tailored orders, accounting frequency, judicial review,
investigations, costs, and sanctions.
Guardians and Guardianship 1992-93 2218.01
Frank, Judith A.. "Guardianship Procedures: A Clinical Program to Assist
in the Decision-Making Process." Thomas M. Cooley Law Review 10
(1993):91-114.
P. 94, fn. 26. Citations only. Cites to codes. Covers laws
providing due process protection in guardianship proceedings.
Pp. 97-98, fn. 49. Citations only. Cites to codes. Covers
definitions of incapacity in guardianship laws.
Guardians and Guardianship 1994-95 Nyberg 2651.01
Kapp, Marshall B. Geriatrics and the Law: Patient Rights and Professional
Responsibilities. 2d ed. New York: Springer Publishing Company, 1992.
Pp. 112-13, "Table 8.1 State Statutory Authority for
Guardianship." Citations only. Cites to codes.
Pp. 129-30, "Table 8.2 State Authority for Adult Protective
Services." Citations only. Cites to codes.
P. 140, "Table 8.3 State Health Care Durable Power of Attorney
Laws." Citations only. Cites to bills, session laws, and codes. Includes
thirty-four states.
P. 184, "Table 11.1 State Licensure Statutes and Regulations for
Home Care Agencies." Citations only. Cites to codes and regulations.
Includes thirty-four states.
Note: Previous edition published in 1985.
Guardians and Guardianship 1996-97 Nyberg 3120.01
Fliegelman, Hal & Fliegelman, Debora C. "Giving Guardians the Power to Do
Medicaid Planning." Wake Forest Law Review 32 (1997):341-96.
Pp. 376-96, "Appendix B." Summaries. Cites to codes. Covers laws
on the powers of guardians for incompetents and/or minors, including
accepting payment, investing, giving informed consent for medical care,
etc., and whether a guardian may exercise those powers with or without
court approval. Includes American Samoa, Guam, Puerto Rico, and the Virgin
Islands.
Guardians and Guardianship 1996-97 Nyberg 3120.02
Summers, Scott K. Guardianship & Conservatorship: A Handbook for Lawyers.
Chicago: American Bar Association, Senior Lawyers Division, 1996.
Pp. 247-48, "Appendix D, State Statutory Authority for
Guardianship." Citations only. Cites to codes.
Cheryl Nyberg
Compiler, Subject Compilations of State Laws
()()()()()()()()()()()()
Cheryl Rae Nyberg
Reference Librarian
Gallagher Law Library
University of Washington
cnyberg@u.washington.edu
()()()()()()()()()()()()
On Tue, 6 Oct 1998, Gene Preudhomme wrote:
> I am seeking recommendations for a state by state analysis of
> guardianship law. Specifically, I would like a source which outlines
> each state's administrative procedures concerning guardianship. TIA.
>
> Gene Preudhomme
> New York Supreme Court Appellate Division
> First Department Library
> 27 Madison Avenue
> New York, NY 10010
> (212) 340-0478
> genep@ix.netcom.com
>
>
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