Understanding Guardianships: The Uniform Guardian, Conservatorship & Other Protective Arrangements Act

Last July, the Uniform Law Commission (ULC) adopted a new act to help states reform their current guardianship laws. Guardianship laws are complex, and they, like all laws, need updating. The ULC last issued a Uniform Guardianship and Protective Proceedings Act in 1997. Their current one took two years of committee work and is now ready to be adopted by states. So how will this act reform guardianship laws if adopted? It changes the terminology used in guardianships, using “adult subject to guardianship” or “adult subject to conservatorship” instead of “incapacitated adult.” This act also includes supported decision-making, as well as a health care or financial power of attorney or representative payee, in options for least restrictive alternatives to guardianships.  It offers necessary guidance to guardians and conservators in carrying out their duties, and requires the use of plain-language notices to be used. This reform to our current guardianship laws will undoubtedly offer more guidance and support to the guardianship process. We will be monitoring Georgia’s interest in adopting this act. If you would like to read more, you can find the act in its entirety at http://www.uniformlaws.org/shared/docs/Guardianship%20and%20Protective%20Proceedings/2017AM_UGCOPPA_AsApproved.pdf

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