Trends in Guardianship Reform: Implications for the Medical and Legal Professions

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Abstract
In recent years, there has been a slow but dramatic change in society's attitudes toward persons with disabilities—an evolution away from traditional paternalistic approaches which foster dependency, toward policies focused on maximizing the potential for autonomy and independence among individuals of limited capacity. This change is clearly reflected in efforts across the country to revise state guardianship statutes. This article analyzes significant trends in these reform efforts, and highlights important practice implications for physicians and attorneys whose practices include serving persons who are limited in their capacity to make informed decisions.

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