Document Detail


Guardianship for your own good: Improving the well-being of respondents and wards in the USA.
MedLine Citation:
PMID:  21030089     Owner:  NLM     Status:  In-Process    
Abstract/OtherAbstract:
Adult guardianship is a coercive exercise of the state's power over an innocent individual, justified only by: 1) the ward's incapacity; and 2) the need to protect the ward's well-being. The raison d'être of guardianship is to improve the well-being of the incapacitated ward. Studies of actual guardianship proceedings have long indicated serious ongoing concerns with the process. Repeated revisions of statutes have attempted to improve guardianship procedures, with some success. However, relatively little attention has been paid to the actual effect of guardianship on the well-being of respondents and wards, when the system functions as intended. The presumption that guardianship, when not abused, is in the best interests of an incapacitated adult is called into serious question by empirical research into the role of internal locus of control and autonomy on human well-being. Indeed, a wide range of data indicates that guardianship itself can have significant negative effects on the physical and mental well-being of respondents and wards. The guardianship system must be reformed to maximize the therapeutic effects of guardianship and to minimize the unnecessarily anti-therapeutic effects. I examine the effects of guardianship from a therapeutic jurisprudence perspective and propose and analyze modifications that could enhance the therapeutic effects of guardianship.
Authors:
Jennifer L Wright
Related Documents :
18197069 - Exercise as a treatment for depression and other psychiatric disorders: a review.
23198909 - ( 1 )h nmr study on the short- and long-term impact of two training programs of sprint ...
8524519 - Occlusion as a causative factor in tmd. scientific basis to occlusal therapy.
1549199 - Optimization of levodopa therapy.
15342329 - Cognitive enhancement therapy: a therapeutic treatment strategy for first-episode schiz...
11224739 - Sports and other soft tissue injuries, tendinitis, bursitis, and occupation-related syn...
2009849 - Effect of toeclip use during cycle ergometry on ventilatory threshold and vo2 max in tr...
8858409 - The effects of pre-exercise starch ingestion on endurance performance.
10903159 - Ventilatory and cardiovascular responses of a python (python molurus) to exercise and d...
Publication Detail:
Type:  Journal Article     Date:  2010-10-28
Journal Detail:
Title:  International journal of law and psychiatry     Volume:  33     ISSN:  1873-6386     ISO Abbreviation:  Int J Law Psychiatry     Publication Date:    2010 Nov-Dec
Date Detail:
Created Date:  2010-11-22     Completed Date:  -     Revised Date:  -    
Medline Journal Info:
Nlm Unique ID:  7806862     Medline TA:  Int J Law Psychiatry     Country:  Netherlands    
Other Details:
Languages:  eng     Pagination:  350-68     Citation Subset:  IM    
Copyright Information:
Copyright © 2010. Published by Elsevier Ltd.
Affiliation:
University of St. Thomas, USA. jlwright1@stthomas.edu
Export Citation:
APA/MLA Format     Download EndNote     Download BibTex
MeSH Terms
Descriptor/Qualifier:

From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine


Previous Document:  Influences of soil properties and leaching on nickel toxicity to barley root elongation.
Next Document:  Association of seropositivity for influenza and coronaviruses with history of mood disorders and sui...