Adult Conservatorship in the United States: Flaws and Proposed Solutions to the Legal System

Authors

Margaret Sheffield, Brigham Young UniversityFollow
Alex Stevens, Brigham Young University

Keywords

Guardianship, Conservatorship, Elder Abuse, Elder Care, Adult Guardianship, Adult Conservatorship, Financial Abuse, Exploitation, Power of Attorney, Conservatorship Enforcement, Limited Conservatorships, United States Department of Health and Human Services

Abstract

Despite attempts to protect incapacitated adults in the United States, financial exploitation of the elderly and disabled remains a serious problem. Adult conservatorships are often established to offer incapacitated adults protection. However, many cases of adult conservatorships lead to increased abuse due to lack of accountability from conservators. This paper provides a brief overview of abuse towards incapacitated adults and proposes a solution in the form of a federal office entitled the Office of Adult Conservatorship and Guardianship Enforcement (OACE) which would be established under the United States Department of Health and Human Services.

BYU ScholarsArchive Citation

Sheffield, Margaret and Stevens, Alex (2022) "Adult Conservatorship in the United States: Flaws and Proposed Solutions to the Legal System," Brigham Young University Prelaw Review: Vol. 36, Article 16.
Available at: https://scholarsarchive.byu.edu/byuplr/vol36/iss1/16