Centre for Policy on Ageing


Protective services for the elderly
 — the limits of parens patriae
Author(s)Peter M Horstman
Journal titleMissouri Law Review, vol 40, no 2, Spring 1975
Pagespp 215-278
KeywordsCourt of protection ; Mental disorder ; Law ; United States of America.
AnnotationIn the US, older people who are thought to be unable to manage their personal or financial affairs in their own best interests are subject to the imposition of "protective services" designed to protect them from themselves an unscrupulous third parties. This article examines the plight of those older people for whom protective services (commonly referred to as guardianship) are deemed appropriate, yet who do not desire protection. Parens patriae refers to the power of the state to promote the well-being of citizens unable to care for themselves. The article examines the "best interests" doctrine, and how poorly that doctrine has served older people in guardianship matters. (RH).
Accession NumberCPA-930727047 A
ClassmarkJVC: E: VR: 7T

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