The relationship between guardian certification requirements and guardian sanctioning: a research issue in elder law and policy

Abstract

This study investigated the relationship between guardian certification requirements and guardian sanctioning in the state of Washington. A total of 377 files were examined. Findings show that 52.4% of guardians with an undergraduate degree or higher education are likely to be sanctioned compared with 42.2% with an Associate of Arts (AA) or Technical (Tech) degree, and 36.9% with a high school diploma (HS) or equivalency (GED). Guardians with an undergraduate or higher education are 1.88 times more likely to be sanctioned compared with GED or HS graduates (p < 0.05). However, 83.3% of GED or HS graduates are likely to have more severe sanctions compared with 76.4% undergraduate or higher education, and 47.7% with an AA or Tech degree, respectively. Guardians with an AA or Tech degree are 0.28 times less likely to have more severe sanctions than guardians with an undergraduate degree or higher education (p < 0.01). The results are discussed with respect to guardian registration, licensing, certification and quality; licensing and regulation of other professions; the limitations of the study; and the need for further research.

Guardianship for Older Adults: A Jurisprudent Science Perspective

“…Although much has been made in recent years of the allegedly poor management of some high-profile estates, such as that of the late Brooke Astor (Kovaleski, 2007), little has been done from a scientific perspective to investigate determinants of guardian performance. Schmidt, Akinci, and Wagner (2007) have determined that contrary to expectations, there appears to be an inverse correlation between the likelihood of court sanctions against guardians and their level of formal education, while predictably the severity of such sanctions "had a statistically positive association with lower levels of education" (p. 649).…”