Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Sunday, February 27, 2022

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

Nina A. Kohn and David M. English recently published an article entitled, Protective Orders & Limited Guardianships: Legal Tools for Sidelining Plenary Guardianship, Wills, Trusts, & Estates Law ejournal (2021). Provided below is the abstract to the Article: Estate planning

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 systems.


Articles, Estate Planning - Generally, Guardianship | Permalink


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