Nina Kohn, the David M. Levy Professor of Law, recently delivered the keynote address at the Conference of Chief Justices (CCJ) and Conference of State Court Administrators (COSCA) Annual Conference. The conference, organized by the National Center for State Courts, brought together the chief justices of the nation’s state courts and top court administrators. This year, the conference focused its educational programming on guardianship and conservatorship. Kohn’s keynote called attention to major problems in guardianship systems and urged the Chief Judges and Court Administrators to make guardianship a priority for their court systems and how court leadership can make a difference.
Kohn’s talk focused on the key civil rights concerns raised by current guardianship practice, and what courts can—and should—do about it. Kohn explained that guardianship continues to be treated as a go-to intervention for individuals with cognitive and intellectual disabilities, not the last resort option it’s legally designed to be. In addition, she explained that, despite reforms requiring courts to consider less restrictive alternatives, courts continue to order guardianships that strip individuals of all rights permitted under state law even when less restrictive arrangements would meet the needs of most respondents.
Kohn then outlined a series of steps court leaders could take to not only reduce unnecessary and overbroad guardianships but also reduce the risk of abuse and exploitation by unscrupulous guardians.
After the talk, Kohn observed “I was impressed by the warm reception my remarks received. Many of the participants expressed serious concern about the patterns of practice I described and expressed interest in making changes in their systems. I look forward to supporting those efforts in the coming months and years.”
Kohn is a nationally recognized leader on guardianship and elder law. Her remarks built on her scholarship around guardianship, as well as her work as Reporter for the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.