Encouraging Consideration of the Standards and Recommendations from the Third National Guardianship Summit
Resolution 6 Encouraging Consideration of the Standards and Recommendations from the Third National Guardianship Summit
The National Center for State Courts has estimated that there are at least 1.5 million guardianships and conservatorships currently active in the United States. As the population of vulnerable elderly persons continues to grow rapidly over the next twenty years, this demographic trend is expected to result in a substantial increase in the number of court cases — including guardianship and conservatorship proceedings — intended to protect those individuals.
Reports from the Government Accountability Office and research by the National Center for State Courts have highlighted alarming instances of elder abuse and exploitation. These reports also identify the unique and important opportunities available to the courts to intervene across various legal settings to ensure justice for older Americans. In response, the highest courts of many states and territories have already created task forces, commissions, or committees aimed at strengthening the prevention, detection, and redress of elder neglect, abuse, and exploitation.
To further this national effort, the ten-member organizations of the National Guardianship Network — including the National Center for State Courts — convened the Third National Guardianship Summit from October 13–15, 2011, in Salt Lake City, Utah. The purpose of this Summit was to develop standards for guardians and conservators and to offer recommendations regarding their oversight, training, and compensation. Representatives from both the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) were invited to participate.
The standards, recommendations, and background papers developed during the Summit are to be published in the Utah Law Review. Many of these recommendations speak directly to the best practices courts should adopt when conducting guardianship and conservatorship proceedings and monitoring ongoing cases. They also call upon courts to formalize standards for guardians and conservators through court rules or administrative orders.
NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices and the Conference of State Court Administrators urge each state court system to review and consider implementing the standards and recommendations adopted at the Third National Guardianship Summit.
Adopted as proposed by the CCJ/COSCA Elders and the Courts Committee at the 2012 Annual Meeting on July 25, 2012.