Closing the Justice Gap Part 4: You Can Make a Difference – Defending Against or Terminating Guardianship

Closing the Justice Gap Part 4: You Can Make a Difference – Defending Against or Terminating Guardianship

Closing the Justice Gap Part 4: You Can Make a Difference – Defending Against or Terminating Guardianship

RESOURCE TYPE
Training


LANGUAGE
English


AUDIENCE
Lawyers


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Resource Description

Introduction: This video teaches lawyers how to help older adults who might need a guardian or who want to end their guardianship. The training is about an hour and fifteen minutes long. It helps lawyers protect older adults' rights and find better options than full guardianship.

 

Resource Summary

Content Summary: The training shows that guardianship is very serious because it can take away basic human rights. It can hurt a person's sense of who they are. It can even lead to abuse. Lawyers might work on these cases because state laws say they must, or because someone asks for help. Courts look at something called "decisional capability" when thinking about guardianship. This means how well someone can understand choices and make decisions. Lawyers must fight for what older adults want. They must also make sure courts follow all the right steps. Sometimes lawyers can't find out what an older adult wants. Even then, they should try to find ways to help that don't take away all the person's rights. They should look for the least limiting kind of help. The training tells lawyers how to get ready for court. They need to gather proof that shows their client can make some or all choices. They might need doctor's reports or people who can speak about what the client can do. Lawyers must make sure their clients can take part in their cases. Some clients might need language help. Others might need a building with an elevator. The lawyer should make these things happen. The training shows how to use state laws to fight guardianship. It tells how to show that someone doesn't need a guardian. It explains other ways to help people besides guardianship. These might include having a guardian for just some things, not everything. The same ideas work when trying to change or end a guardianship that's already in place. The training ends by saying lawyers should work with other groups to protect older adults' rights.