A Call for Standards: An Overview of the Current Status and Need for Guardian Standards of Conduct and Codes of Ethics

Abstract

The 2001 Wingspan Conference on guardianship reform included as Recommendation 45 the directive for states to adopt minimum standards of practice for guardians, but progress has been slow. This article explores the historical definition of a guardian’s duties, discusses the increasing call for delineated standards for guardians, due in part to the inability of courts to monitor guardianships adequately, and sets forth the existing standards and codes of ethics for guardians in various states. The article discusses the optimal content and use of standards for guardians and the need for standards as a way to define the fiduciary obligations of a guardian.

Keywords: guardianship, fiduciary, elder law