Encouraging Collection of Data on Adult Guardianship, Adult Conservatorship, and Elder Abuse Cases by All States
Resolution 14 Encouraging Collection of Data on Adult Guardianship, Adult Conservatorship, and Elder Abuse Cases by All States
The number of vulnerable elderly persons in the United States is expected to increase significantly over the next twenty years. This demographic trend is likely to result in a substantial rise in court cases concerning the protection of these individuals, including guardianship, conservatorship, and elder abuse proceedings.
Currently, most state court systems are not able to accurately track the number of guardianship, conservatorship, and elder abuse cases that are filed, pending, or closed each year. The lack of timely, accurate, and complete data presents a challenge in determining the necessary policies, procedures, and resources to effectively manage these cases and to evaluate how courts are performing in their handling.
To address this issue, the National Center for State Courts' Court Statistics Project, under the oversight of the Conference of State Court Administrators, has developed standard definitions to guide courts in categorizing guardianship, conservatorship, and elder abuse proceedings.
NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices and the Conference of State Court Administrators urge each state court system to begin collecting and reporting the number of guardianship, conservatorship, and elder abuse cases filed, pending, and concluded each year.
Standard Definitions
Guardianship – Adult:
Cases involving the legal appointment or dispute over a guardian for an adult (ward) who the court determines is incapable of caring for themselves. These are classified as Probate/Estate cases.
Conservatorship/Trusteeship:
Cases involving a legal relationship where a person (conservator or trustee) manages real or personal property for another. Conservators are assigned to protect individuals deemed incapable, while trustees hold property for a beneficiary's benefit.
Probate/Estate – Other:
Includes guardianships, conservatorships, trusteeships, and estate administration. This classification is used when case specifics are unknown or grouped together, unlike more narrowly defined categories such as wills or intestate cases.
Elder Abuse (Criminal):
Criminal offenses against elderly individuals including:
- Physical abuse (use of force causing harm or pain)
- Sexual abuse (non-consensual contact or contact with someone unable to consent)
- Psychological abuse (verbal or nonverbal acts causing emotional suffering)
- Neglect (failure to provide care or safety)
- Abandonment (desertion by caregiver)
- Financial/fiduciary abuse (misuse of the elder's property or assets)
- Self-neglect (elder's behavior threatening their own well-being)
For detailed definitions of data categories such as Incoming, Outgoing, and Pending cases, courts are directed to the National Center for State Courts data guide: http://www.ncscstatsguide.org/civil_caseload.php.
Adopted as proposed by the CCJ/COSCA Task Force on Elders and the Courts at the CCJ/COSCA Annual Meeting in August 2009.