Guardianship and Elder Law Bibliography

SELECTED READINGS  

• Brisk WJ, Klosko C. Terminating Treatment for Incompetent Persons: The Need for Objective Standards. NAELA Journal 2006;6(1):181-202.

• Florida Guardianship Law and Information Updating Committee. Florida Guardianship Law and Information. Seminole County: Eighteenth Judicial Circuit, 2007.

• Flowers RK. Ethical Obligations When Representing a Person Alleged to be Incapacitated. NAELA News 2015;27(3):18-19.

• French GS. Practical Answers to Ethical Questions Arising in Elder Law. NAELA Journal 2006;2(1):41-43.

• Golbert CP. Health Care Surrogate Decision Making and Bioethics: Case Studies from the Files of the Office of the Cook County Public Guardian. NAELA Journal 2006;6(2):155-179.

• Golbert CP. Justice for Children, Adults with Disabilities and the Elderly: Reflections from 15 Years as an Attorney with the Office of the Public Guardian of Cook County, Illinois. DePaul Journal for Social Justice 2007;1(1):51-82.

• Hardy JD. Who is Guarding the Guardians? A Localized Call for Improved Guardianship Systems and Monitoring. NAELA Journal 2008;4(1):1-33. [National Academy of Elder Law Attorneys]

• Karp N, Wood EF. Guarding the Guardians: Promising Practices for Court Monitoring, research report, AARP 2007. 

• Zimring SF. Ethical Issues in Representing Seniors, Persons with Disabilities and Their Families. NAELA Journal 2008;4(2):125-151. [National Academy of Elder Law Attorneys]

• Community-State Partnerships to Improve End-of-Life Care, a former Robert Wood Johnson Foundation-supported project, issued a periodical, State Initiatives in End-Of-Life Care, the March 2002 issue of which featured a number of articles on guardianship.

OTHER RESOURCES

• American Bar Association Commission on Law and Aging
  Includes a guardianship state legislative update and summary and the document “Health Care Decision-Making Authority: Health Care Agents vs. Court Appointed Guardians.”

• California Law Revision Commission
  Recommendation: Health Care Decisions for Adults Without Decisionmaking Capacity. Important policy document leading to changes in California law.

• Florida Courts, 17^thJudicial Circuit, Broward County
  Offers a handbook for guardians and access to local guardianship procedures and forms.

• The Florida Senate
  This site provides access to all Florida Statutes. Those of particularly relevance to guardianship and surrogate decision making are Chapter 744 and Chapter 765.

• Florida State Guardianship Association
  Contains information concerning the nature and various types of guardianships. Membership applications and a schedule of conferences and events are also available.

• Florida State University Center for Innovative Collaboration in Medicine and Law
  The Center has developed a free online educational module relating to interprofessional collaboration between physicians and attorneys on behalf of their older patients/clients.

• Illinois Office of State Guardian
  Provides an intake telephone number where information can be obtained concerning many aspects of guardianship, including one module titled “Ethics and guardianship: how do I know how and when to do the right thing?”

• National Guardianship Association
  The National Guardianship Association is a national organization for guardians that provides a wide range of resources. This site includes access to “a model code of ethics for guardians” and a “Standards of Practice” document.

• National Center for Ethics in Health Care
  This Veterans Health Administration site gives policy guidance on the question whether, under HIPAA, clinicians may disclose health information to surrogates. (Answer: Yes, they may.)

• Stetson University Center for Excellence in Elder Law
  The Center "has adopted WINGS [Working Interdisciplinary Network of Guardianship Stakeholders], a national guardianship [education] program incubated by Florida’s courts ..." Focus is on lawyers.

• University of Miami Miller School of Medicine Institute for Bioethics and Health Policy
  Includes resources dealing with various ethical issues in health care and business, including an ethics and geriatrics curriculum and a timeline and other material on the Terri Schiavo case.

Please send recommended additions to ethics@miami.edu.