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Statutory reform is associated with improved court practice: results of a tri-state comparison.

Authors :
Moye, Jennifer
Wood, Erica
Edelstein, Barry
Wood, Stacey
Bower, Emily H.
Harrison, Julie A.
Armesto, Jorge C.
Source :
Behavioral Sciences & the Law; May2007, Vol. 25 Issue 3, p425-436, 12p
Publication Year :
2007

Abstract

<bold>Purpose: </bold>This study investigates the impact of statutory reform in adult guardianship on court practice.<bold>Methods: </bold>Case files for 298 cases of adult guardianship were reviewed in three states with varying degrees of statutory reform: MA (no reform), PA (major amendments in 1992), and CO (full re-enactment of statute per UGPPA in 2000). Five court practices associated with progressive statutory reform were studied: (1) diversion to less restrictive alternatives; (2) minimal and appropriate use of emergency procedures; (3) presence of the alleged incapacitated person at the hearing; (4) use of functional evaluation; (5) use of limited orders.<bold>Results: </bold>CO more frequently utilized all five practices, whereas PA used diversion to less restrictive alternatives and less frequent emergency procedures, but not other practices. MA files rarely showed evidence for use of any of these reforms.<bold>Implications: </bold>Statutory reform may improve court practice. More study of the effects of reform on court practices, and the vulnerable adults served by these courts, is needed. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
07353936
Volume :
25
Issue :
3
Database :
Complementary Index
Journal :
Behavioral Sciences & the Law
Publication Type :
Academic Journal
Accession number :
25425780
Full Text :
https://doi.org/10.1002/bsl.762