Tuesday, July 10, 2018
We're back! Hope everyone had a lovely 4th. I wanted to be sure you saw this new fact sheet from the ABA Commission on Law & Aging regarding thee right of visitation for persons under guardianship. The fact sheet, Guardianship and the Right to Visitation, Communication, and Interactionsummarizes state statutes that specifically address the issue of visitation. Here's the introduction:
Defining the right to visitation, communication, and interaction under guardianship is an important issue in elder and disability rights law. This issue recently gained media attention when the adult children of incapacitated celebrities such as Casey Kasem and Peter Falk petitioned the courts for the right to visit their parents over a guardian’s objections, and then advocated for legislative change. These high-profile visitation cases highlight an unknown but anecdotally frequent number of instances nationally. In addition, as more state legislatures codify protections for the rights of people with guardians, and the public becomes more aware of the potential risks of guardianship—including isolation from friends, family, and community—more states are debating hotly contested visitation bills.
Estrangement from family, friends, and acquaintances can be a precursor and a consequence of guardianship. The factors that led to the appointment of a guardian–mental illness, dementia, poverty, abuse, and exploitation–may have also led to unwanted isolation. Family, friends, and professionals should all be aware of the potentially devastating effects of isolation on the person; loss of ties to friends, family, and social networks can have a negative effect on anyone’s physical and mental health.
Traditionally, a guardian has the power to encourage or limit important relationships and connections. Recently, national standards and state laws have charged guardians with encouraging and supporting visitation in accordance with a person’s values and preferences. Still, a guardian may have to weigh the important benefits of visitation with the need to restrict contact due to family dysfunction, undue influence, neglect, abuse, and/or financial exploitation.
The fact sheet offers 13 FAQ with various state legislative responses. Twenty-two states have addressed the visitation issue in some form, with summaries of those actions provided as part of the FAQ. The fact sheet also summarizes some of the provisions of the new Uniform Guardianship, Conservatorship and Other Protective Arrangements Act that address the issue.
Click here to access the fact sheet.