Guardianship

Older caregivers may be unfamiliar with guardianship, and may not know if it could help or hinder their caregiving. This article explores questions that professionals who are counseling older caregivers should ask, including whether guardianship is needed or if there is a less restrictive option; whether the caregiver should petition and what to expect of the court proceeding; whether the caregiver should take on the legal responsibility of serving as guardian; and what happens in case of family conflict, abuse by a guardian, or inability of a guardian to continue serving.

This article explores the potential impact of the mental health and mental incapacity law reforms on carers. The reform proposals anticipate a number of overlapping and at times conflicting roles for carers (including those of gatekeeper, decision-making proxy and advocate), which is suggestive of an ongoing ambivalence toward the caring role at the level of ethics, policy and strategic planning.