In Support of an Adult Guardianship Court Improvement Program
Resolution 4 In Support of an Adult Guardianship Court Improvement Program
The Conference of Chief Justices and the Conference of State Court Administrators (Conferences) recognize the importance of protecting adults who lack the ability to meet essential requirements for physical health, safety, or self-care due to an inability to receive and evaluate information or make or communicate decisions — even with appropriate supportive services, technological assistance, or supported decision-making.
The Conferences have made guardianship and conservatorship reform a priority and have undertaken initiatives to strengthen court monitoring of guardianship and conservatorship cases. They also acknowledge the need to increase the use of less restrictive alternatives to guardianship or conservatorship, where appropriate, in order to protect individuals' rights.
The number of individuals at risk of guardianship or conservatorship is increasing due to factors such as severe mental illness, addiction, traumatic brain injuries, intellectual and developmental disabilities, and dementia. States bear sole responsibility for the judicial appointment, administrative costs, and monitoring of these cases, and thus need resources to facilitate coordination among stakeholders and improve cross-state communication.
A national approach is needed to enhance data collection and analysis, evaluation, strategic planning, and the development of best practices and training. A Guardianship Court Improvement Program would allow states to identify and address state-specific needs and access federal funding to implement improvements. This program would also provide opportunities for consultation with national experts and peer learning — similar to the successful State Court Improvement Program for child welfare, which the Conferences have long supported.
The 4th National Summit on Guardianship strongly endorsed the creation of this program and adopted the following goals:
- Effectuating consistent and meaningful data collection
- Improving oversight and accountability
- Avoiding unnecessary or overbroad guardianship
- Enhancing collaboration and education among courts, agencies, and organizations impacting affected adults
NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices and the Conference of State Court Administrators strongly urge Congress to create and fund a Guardianship Court Improvement Program. This program should support state court efforts to:
- Improve the legal process in the adult guardianship system
- Improve outcomes for individuals subject to or at risk of guardianship
- Increase the use of less restrictive alternatives
- Enhance collaboration among courts, the legal community, and systems serving older adults and individuals with disabilities
Adopted as proposed by the CCJ/COSCA Elders and the Courts Committee at the CCJ/COSCA 2021 Annual Meeting on July 28, 2021.