Enhancing guardianship and conservatorship monitoring and alternatives

By Diane Robinson 

October is Guardianship Awareness Month, a time to recognize and support the work of guardians and the courts that serve vulnerable adults, and to emphasize that guardianships and conservatorships should be used only as a last resort when less-restrictive alternatives are not available. NCSC emphasizes person-centered and least-restrictive alternatives, including supported decision-making, effective financial and health-care planning, and limited guardianships. 

NCSC continues to offer the "Finding the Right Fit" course to help individuals and families identify suitable alternatives. NCSC is also working with Massachusetts on an innovative upstream project to help communities identify resources that connect individuals and families with services that may help prevent unnecessary or overbroad guardianships. NCSC also worked with Maryland on the IDEAL Guide, which offers health-care professionals a tool for exploring alternatives to guardianship in a patient-centered way. 

One consistent challenge for many courts is effective monitoring of guardianships and conservatorships. In response to these challenges, NCSC has created business and technical standards for case management systems to help courts collect and use the data they need to monitor guardianships effectively. These standards were passed by the Joint Technology Committee this year. Those standards, along with sample RFP language for courts, are now available. Several states, including Nevada and Virginia, are implementing these standards. 

Effective monitoring of guardianships and conservatorships also requires providing the right tools for courts. NCSC provides monitoring protocols for both well-being and accounting reports, along with an online, on-demand course for court staff to help them learn effective monitoring. NCSC has worked with several states to help court teams improve monitoring. One promising area is the use of AI in guardianship and conservatorship monitoring. 

As courts collect better data about guardianships, we see how common guardianships are among young adults. In response, NCSC has hosted two recent webinars on the restoration of rights and on emerging adults facing guardianships. 

In any guardianship or conservatorship process, ensuring due process and effective representation is key. Maryland recently passed a new rule regarding representation of clients with diminished capacity, and the American Bar Association is similarly considering changes to Model Rule 1.14. 

NCSC continues to work with state courts to support guardians and conservators, provide effective monitoring of guardianships and conservatorships, and ensure that guardianships and conservatorships are used only when no less-restrictive alternative is available. 

Comment below and tell us what you see in your courts or state regarding efforts related to guardianship and conservatorship.