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Probate Courts Resource Guide
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Probate Courts
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NCSC Documents  Recent NCSC reports and publications and NCSC seminal works. Also includes Trends articles, Court Executive Development Programs (CEDP) papers, Court Technology Conference Presentations, Justice System Journal articles and NACM Achievement Awards.

Digital Archive  Works on judicial administration accumulated since NCSC's inception in 1971 that have been digitized to preserve their historic value.

Probate Court Technology Vendors   Probate Court Technology Vendors from the Court Technology Vendor List.

Case Processing Time Standards   This database compiles state-by-state information about Case Processing Time Standards (CPTS) including Probate and how states monitor them. 

Specialty Courts InfoCenter  Additional CourTopics modules related to this topic.

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General

Good Guardianship. Chicago: ABA Commission on Law and Aging.  Promising Practice Ideas on Court Links for Agencies on Aging, Adult Protective Services, and Long-Term Care Ombudsman: State Court Partnerships with the Aging Network. Brief brochure identifies issues, recommends solutions, and provides "Twelve Promising Practice Examples" from the courts.

Uniform Probate Code Locator. Cornell University Law School, Legal Information Institute.  Information on the Uniform Probate Code and the states that have adopted it.

Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. National Conference of Commissioners on Uniform State Laws (August 2007).  This uniform act, recently revised and pending adoption by the states, addresses jurisdictional issues for adult guardianship matters. A synopsis of the act is also available.

Teaster, Pamela B., Ph.D., Erica F. Wood, Winsor C. Schmidt, and Susan A. Lawrence. Public Guardianship After 25 Years: In the Best Interest of Incapacitated People?. American Bar Association Commission on Law and Aging (2007).  This Executive Summary describes the methods used in this 25 year study of public guardianship, discusses models of public guardianship, provides brief analysis of applicable statutes, and provides conclusions and recommendations regarding public guardianship programs.

Standards of Practice. State College, PA: National Guardianship Association (2007).  Ten Standards of Practice for guardianship relationships.  3rd edition.

Teaster, Pamela et al. Wards of the State. Chicago: ABA Commission on Law and Aging and the Graduate Center for Gerontology at the University of Kentucky (2005).  A National Study of Public Guardianship

Wood, Erica F. Guardian Accountability and Monitoring. American Bar Association Commission on Law and Aging (February 2003). 

Susan J. Butterwick et al. Evaluating Mediation as a Means of Resolving Guardianship Cases. Ann Arbor, MI: Center for Social Gerontology (2001). 

Fred, Morris A. Illinois Guardianship Reform Project. Chicago: Equip for Equality (2001).  Final Report.  Contains task force findings and recommendations on determinations, monitoring, training, public education, and other issues.

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Medical Decision-Making

Wood, Erica et al. Making Medical Decisions for Someone Else: A Maryland Handbook. Chicago: ABA Commission on Law and Aging, and Maryland Office of the Attorney General (2006). 

Consumer`s Tool Kit for Health Care Advance Planning. Chicago: ABA Commission on Law and Aging (2005).  This second edition of the ABA's tool kit consists of a user-friendly guide to health care advance directives, including self-help worksheets, suggestions and resources.

Silberman, Susan L. 2003 Minnesota Advance Directives Survey. Washington, DC: AARP (2003).  Researchers surveyed Minnesota residents age 18 and over to gauge their familiarity with advance health care directives.

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Organizations

ABA Commission on Law and Aging. This site links to ABA publications and information for those in the probate and aging field, as well as for the general public. The Commission also provides grants to help fund access to justice for the elderly; policy; and links to legal help, commissions,  in the states for the general public.

American Association of Retired Persons.

National College of Probate Court Judges.

National Guardianship Association.

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Probate Judges

Judicial Determination of Capacity of Older Adults in Guardianship Proceedings. Chicago: ABA Commission on Law and Aging, American Psychological Association, National College of Probate Judges (2006).  This book provides judges with a framework by which they can make better decisions in determining capacity. The steps recommended are: (1) screen case; (2) gather information; (3) conduct hearing; (4) make determination; (5) ensure oversight. Model orders and reports are included. The National College of Probate Judges calls this a "ground-breaking work [that] provides welcome tools for judges, attorneys, clinicians, investigators, guardians ad litem, evaluators and scholars concerned with capacity issues facing older adults."

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NCSC Library Materials

Propst, Floyd E., Honorable. Handbook for Probate Judges of Georgia. 2nd Edition (October 1997).  This handbook contains invaluable information about the probate court system in Georgia, probate of wills, dispensing with and proceedings for administration, personal representatives, executors, guardians and conservators, and miscellaneous duties of probate judges, among other topics.  (KFG144 .P76 1997)

Thommen, Kenneth, and Janet G. Cornell. A Guide for Developing a Volunteer Guardianship Monitoring Program. Phoenix: State Justice Institute/Guardianship Review Project (1995).  This book focuses on volunteer guardianship monitors, not volunteer guardians. However, there are good sections that relate to volunteers generally. See “How Can Volunteers Be Recruited, Trained, Managed, and Recognized for Service?” p. 8.  (KF553 .T56 1995)

Dicks, Helen Marks, and Betsy Abramson. Judicial Companion to Guardianship and Protective Services. Madison, WI: Elder Law Center (1992).  This focuses on adult guardianship in Wisconsin.  (KF553 D52 1992)

Zimny, George et al. A National Model for Judicial Review of Guardians` Performance. St. Louis: School of Law and School of Medicine, St. Louis University (1991).  This book provides a step-by-step analysis of the guardianship process.  (KF553 Z55 1991)

Hafemeister, Thomas L., and Ingo Keilitz. The Judicial Role in Life-Sustaining Medical Treatment Decisions. Terre Haute, IN: National Legal Center for the Medically Dependent and Disabled, Inc. (1991).  (R726.8 .H34 1991)

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Date Last Modified: 8/31/2009
Creation Date: 2004

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