Judicial Determination of Capacity of Older Adults in Guardianship Proceedings: A Handbook for Judges |
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| Sponsoring Entity: ABA Commission on Law and Aging |
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Judicial Determination of Capacity of Older Adults in Guardianship Proceedings contains practical tools to equip a wide audience of judges to conduct any form of guardianship proceeding more effectively, improve communication with healthcare professionals, creatively use less-restrictive alternatives and limited guardianships, and accommodate disabilities of older adults in ways that will enhance capacity. Specifically, the handbook 1) outlines the "six pillars of capacity assessment," essential to a full and accurate assessment of capacity; and 2) gives a practical explanation of the "five key steps in judicial determination of capacity." The handbook provides a layered information approach that enables you to go as far as you need to on any aspect of capacity assessment. Links to expanded information, work sheets, model forms, and fact sheets are available at no charge on the Web site of the ABA Commission on Law and Aging.
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The ABA Commission on Law and Aging consists of a 15-member interdisciplinary body of experts in aging and law, including lawyers, judges, health and social services professionals, academics, and advocates. With its professional staff, the ABA Commission examines a wide range of law-related issues, including: legal services to older persons; health and long-term care; housing needs; professional ethical issues; Social Security, Medicare, Medicaid, and other public benefit programs; planning for incapacity; guardianship; elder abuse; health care decision-making; pain management and end-of-life care; dispute resolution; and court-related needs of older persons with disabilities.
The American Psychological Association is the largest scientific and professional organization representing psychology in the United States and is the world's largest association of psychologists. Through its divisions in 53 subfields of psychology and affiliations with 59 state, territorial, and Canadian provincial associations, APA works to advance psychology as a science, as a profession, and as a means of promoting health, education, and human welfare. The APA Office on Aging coordinates the association's activities pertaining to aging and geropsychology (the field within psychology devoted to older adult issues). The Committee on Aging (CONA) is the committee within the APA governance structure dedicated to aging issues. Its six expert geropsychologists are selected for three-year terms. Together, the Office on Aging, CONA, and association members promote the health and wellbeing of older adults and their families through expanded scientific understanding of adult development and aging and the delivery of appropriate psychological services to older adults.
The National College of Probate Judges was organized in 1968 to improve the administration of justice in courts with probate jurisdiction. The College was established in response to public concern with the time and costs involved in estate administration. It is the only national organization exclusively dedicated to improving probate law and probate courts.
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