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1.
J Aging Soc Policy ; : 1-18, 2024 May 05.
Article in English | MEDLINE | ID: mdl-38704667

ABSTRACT

Courts have a legal and ethical duty to monitor adult guardianship cases to protect the rights of individuals with guardians. Aging and disability advocates have been recommending improvements to adult guardianship monitoring for decades. The aim of this study is to examine annual guardianship reporting procedures in each state. Using the National Guardianship Association's (NGA) Standards of Practice as a guide, we summarize what is missing from adult guardianship annual report forms in each state. Since 2000, the NGA Standards have been the benchmark for guiding guardianship best practices, making it a valuable tool for guardianship reporting and monitoring. Results show that most states are not collecting thorough data on adults with guardians, their guardians, or the guardian-client relationship. Additionally, many existing annual report forms may be difficult to complete due to confusing question structure and reading levels that are above the national average, especially since most adult guardians are nonprofessional guardians. Improved reporting procedures would help courts monitor guardianships more effectively, ensure that the rights of individuals with guardians are being protected, and provide meaningful data on the overall state of guardianship. Limitations and plans for future research are also discussed.

2.
HEC Forum ; 35(3): 271-292, 2023 Sep.
Article in English | MEDLINE | ID: mdl-35072897

ABSTRACT

When ethics committees are consulted about patients who have or need court-appointed guardians, they lack empirical evidence about several common issues, including the relationship between guardianship and prolonged, potentially medically unnecessary hospitalizations for patients. To provide information about this issue, we conducted quantitative and qualitative analyses using a retrospective cohort from Veterans Healthcare Administration. To examine the relationship between guardianship appointment and hospital length of stay, we first compared 116 persons hospitalized prior to guardianship appointment to a comparison group (n = 348) 3:1 matched for age, diagnosis, date of admission, and comorbidity. We then compared 91 persons hospitalized in the year following guardianship appointment to a second matched comparison group (n = 273). Mean length of stay was 30.75 days (SD = 46.70) amongst those admitted prior to guardianship, which was higher than the comparison group (M = 7.74, SD = 9.71, F = 20.75, p < .001). Length of stay was lower following guardianship appointment (11.65, SD = 12.02, t = 15.16, p < .001); while higher than the comparison group (M = 7.60, SD = 8.46), differences were not associated with guardianship status. In a separate analysis involving 35 individuals who were hospitalized both prior to and following guardianship, length of stay was longer in the year prior (M = 23.00, SD = 37.55) versus after guardianship (M = 10.37, SD = 10.89, F = 4.35, p = .045). In qualitative analyses, four themes associated with lengths of stay exceeding 45 days prior to guardianship appointment were: administrative issues, family conflict, neuropsychiatric comorbidity, and medical complications. Our results suggest that persons who are admitted to hospitals, and subsequently require a guardian, experience extended lengths of stay for multiple complex reasons. Once a guardian has been appointed, however, differences in hospital lengths of stay between patients with and without guardians are reduced.


Subject(s)
Hospitalization , Legal Guardians , Humans , Retrospective Studies
3.
Inquiry ; 59: 469580221086912, 2022.
Article in English | MEDLINE | ID: mdl-35403467

ABSTRACT

Hospitals must do more with less, making efficiency a priority. Discharge delays create challenges for acute care hospitals. Some delays are due to patients waiting for a guardian-a person appointed to assist an adult who lacks decision-making capacity. Previous studies examine the burden of excess days in a single academic medical center (AMC); however, these institutions do not represent the entire hospital system. This descriptive study expands upon previous analyses by calculating the financial implications of medically unnecessary days in a state's hospitals to payers. Two models are presented: one calculates the gross patient service revenues required to support excess days; the other calculates the expense to hospitals. Results suggest that substantial funds are required to support excess days. Funds may be better allocated to support the health and well-being of people needing medical care or to address the cause of delays due to waiting for guardianship.


Subject(s)
Legal Guardians , Patient Discharge , Adult , Hospitals , Humans , United States
4.
J Aging Soc Policy ; 34(3): 418-437, 2022 May 04.
Article in English | MEDLINE | ID: mdl-33461436

ABSTRACT

Persons without family or friends to serve as healthcare agents may become "unrepresented" in healthcare, with no one to serve as healthcare agents when decisional support is needed. Surveys of clinicians (N = 81) and attorneys/guardians (N = 23) in Massachusetts reveal that unrepresented adults experience prolonged hospital stays (66%), delays in receiving palliative care (52%), delays in treatment (49%), and other negative consequences. Clinicians say guardianship is most helpful in resolving issues related to care transitions, medical treatment, quality of life, housing, finances, and safety. However, experiences with guardianship are varied, with delays often/always in court appointments (43%) and actions after appointments (24%). Policy solutions include legal reform, education, and alternate models.


Subject(s)
Decision Making , Legal Guardians , Delivery of Health Care , Humans , Policy , Quality of Life
5.
J Aging Soc Policy ; 34(3): 438-454, 2022 May 04.
Article in English | MEDLINE | ID: mdl-34000971

ABSTRACT

Medicaid is the largest health insurer in America, comprising one-sixth of the nation's total healthcare expenditures. Of this, 40% covers long-term care services for older adults and adults with disabilities. Yet, Medicaid does not provide access to all goods and services needed. Pooled special needs trusts (pooled trusts) are a program through which older individuals, requiring long-term care, may set aside assets and remain Medicaid eligible. Pooled trust funds purchase items such as medical devices, telecommunications and funeral services. This article explores the relationship between Medicaid, pooled trusts and their role in nursing home residents' well-being. To understand this relationship, a descriptive study sorts the disbursements from a pooled trust into the 5 Gallup-Healthways Index well-being domains. The analysis shows that pooled trust funds purchased goods and services related to well-being. Thus, pooled trusts offer a means for states to expand the support they provide individuals in nursing facilities beyond the medical services covered by Medicaid to include goods and services associated with well-being.


Subject(s)
Disabled Persons , Medicaid , Aged , Delivery of Health Care , Health Expenditures , Humans , Long-Term Care , United States
6.
J Pain Symptom Manage ; 62(1): 81-90.e2, 2021 07.
Article in English | MEDLINE | ID: mdl-33212143

ABSTRACT

CONTEXT: Guardians are surrogate decision makers appointed by a court when other health care decision-makers are unable, unwilling, or unavailable to make decisions. Prior studies suggest that persons under guardianship may experience delays in transitions of care. OBJECTIVES: To compare quality of end-of-life care for persons under guardianship to a matched group on objective indicators and to identify narrative themes characterizing potential obstacles to quality end-of-life care. METHODS: One hundred sixty-seven persons under guardianship who died between 2003 and 2019 within the Veterans Healthcare Administration in Massachusetts and Connecticut matched on a 1:1 basis to persons without guardians. The groups were compared on treatment specialty at death, days of hospice and intensive care unit care, and receipt of palliative care consultation. Additionally, patient narratives for those under guardianship with extended lengths in intensive care unit were subjected to qualitative analysis. RESULTS: Overall, <1% were under guardianship. Within this sample of persons who died within the Veterans Health Administration, persons under guardianship were as likely as patients in the comparison group to receive palliative care consultation (odds ratio [CI] = 0.93 [.590-1.46], P = .359), but were more likely to have ethics consultation (odds ratio [CI] = 0.25 [0.66-0.92], P = .036) and have longer lengths of ICU admission (ß = -.34, t = -2.70, P = .009). Qualitative findings suggest that issues related to family conflict, fluctuating medical course, and limitations in guardian authority may underlie extended lengths of stay. CONCLUSION: Guardianship appears to be rare, and as a rule, those under guardianship have equal access to hospice and palliative care within Veterans Health Administration. Guardianship may be associated with health-care challenges in a small number of cases, and this may drive perceptions of adverse outcomes.


Subject(s)
Hospice Care , Terminal Care , Humans , Intensive Care Units , Legal Guardians , Massachusetts , Palliative Care
7.
Adm Policy Ment Health ; 47(3): 468-474, 2020 05.
Article in English | MEDLINE | ID: mdl-31863239

ABSTRACT

This study investigates the impacts of an intensive care coordination intervention for adults with severe mental illness who have guardians. Program impacts on medical and legal outcomes were assessed using interrupted time series analysis. Program participation was associated with statistically significant reductions in the level and trend of psychiatric hospitalizations, number of days in psychiatric hospitals, emergency room visits, and arrests. Days incarcerated did not change significantly. The decrease in medical and legal outcomes may be associated with decreased spending on these services. The program and other intensive care coordination interventions for this population warrant further replication and research.


Subject(s)
Chronic Disease , Legal Guardians , Mental Disorders/physiopathology , Patient Care , Severity of Illness Index , Adult , Female , Hospitalization , Hospitals, Psychiatric , Humans , Interrupted Time Series Analysis , Male , Mental Disorders/therapy , Middle Aged , Outcome Assessment, Health Care , Program Evaluation
8.
Elder Law J ; 27(1): 1-34, 2019.
Article in English | MEDLINE | ID: mdl-31354226

ABSTRACT

This Article addresses end-of-life decision-making by guardians of older adults. First, the Article presents current definitions of hospice and palliative care and describes several common end-of-life disease trajectories. This background information introduces the diverse contexts in which guardians may find themselves when making end-of-life care decisions. The next section sets forth results of our recent research focusing on end-of-life care for unbefriended adults subject to guardianship. "Unbefriended" adults are thoses who lack decision-making capacity, have no advance directive, and have no family or friends to serve as a surrogate decision-maker. As such, professional guardians may be appointed when health care decisions are needed. Making health care decisions for such adults, particularly end-of-life care decisions, can be challenging. Little to nothing may be known about the person's values prior to guardianship and the patient may be unable to convey his or her wishes and goals to the guardian. The third section provides practical guidance to guardians. We discuss the assessment of values-with some thoughts about what to do when it is not possible to assess values. Finally, we discuss several common end-of-life health care decisions that may confront guardians-a code status change, a do not transfer order, and deescalating care within an intensive care unit. For these situations, we provide information from the perspective of our interdisciplinary team for the purposes of supporting guardians who face these challenging decisions.

9.
J Relig Health ; 48(3): 317-31, 2009 Sep.
Article in English | MEDLINE | ID: mdl-19639420

ABSTRACT

Objective Few studies examine how older adults' health status affects spiritual and religious involvement. This study examined the effects of gender and poor cardiac health on older adults' ends, means, and quest religious motivations and frequency of private devotion. Method Longitudinal data (12 months between the T1 and T2 interviews) with 182 older adults sampled from a Northeast city were used to examine in a multivariate analysis of covariance whether gender and the existence of cardiac health problems at T1 affected older adults' spiritual and religious involvement at T2. Findings A gender and cardiac health condition interaction showed older men with heart trouble had more changes in religious involvement-they engaged in more religious doubt, prayed less, and were not as intrinsically oriented at T2. Discussion The findings strongly suggest that older men with heart trouble may maintain a masculine style and shun seeking divine help.


Subject(s)
Heart Diseases/ethnology , Religion and Medicine , Spirituality , White People , Aged , Aged, 80 and over , Female , Heart Diseases/psychology , Humans , Longitudinal Studies , Male , Middle Aged , Multivariate Analysis , New England
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