Ten Years After: Where is the Constitutional Crisis with Procedural Safeguards and Due Process in Guardianship Adjudication?

Primarily a refutation of a note by Mark Andrews (“The Elderly in Guardianship: A Crisis of Constitutional Proportions”), which argued that a constitutional crisis was looming over guardianship, this article contends after exhaustive analysis that no constitutional issues seem to be in play at present.

In 1987, the Associated Press published an expose on the state of guardianship in the United States, generating a storm of criticism of the guardianship system across the country. This expose, in part, led Mark Andrews to declare that American guardian ship was in a state of constitutional crisis in his note, The Elderly in Guardianship: A Crisis of Constitutional Proportions, published in the Winter 1997 edition of The Elder Law Journal. In light of the significant amount of guardianship reform that has occurred in the United States over the last ten years, Mr. Johns questions the seriousness of this constitutional crisis and the need for continuing alarm.


Publisher: Elder Law Journal


Author(s): A. Frank Johns
Publication Date: 1999