Protective Orders & Limited Guardianships: Legal Tools for Sidelining Plenary Guardianship

30 Pages Posted: 13 Sep 2021 Last revised: 28 Oct 2022

See all articles by Nina A. Kohn

Nina A. Kohn

Syracuse University - College of Law; Yale Law School

David M. English

University of Missouri School of Law

Date Written: October 1, 2022

Abstract

By encouraging use of limited guardianships and protective orders instead of full guardianships, states can reduce the likelihood of unnecessarily stripping adults of their civil rights. Yet, although such less restrictive alternatives have long been available to most courts, in practice, their use remains limited and sporadic. This article argues that this lack of use suggests that it is not sufficient for the law to state a preference for these less restrictive alternatives, it must actually create systems that incentivize their use and actively discourage the use of full guardianships. This article then shows, using the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act as a guide, how states can adopt statutes that create such incentivized systems.

Suggested Citation

Kohn, Nina A. and English, David M., Protective Orders & Limited Guardianships: Legal Tools for Sidelining Plenary Guardianship (October 1, 2022). 72 Syracuse Law Review 225 (2022), Available at SSRN: https://ssrn.com/abstract=3921123

Nina A. Kohn (Contact Author)

Syracuse University - College of Law ( email )

Syracuse, NY 13244-1030
United States
315-443-6565 (Phone)

Yale Law School ( email )

David M. English

University of Missouri School of Law ( email )

Missouri Avenue & Conley Avenue
Columbia, MO MO 65211
United States

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