State Guardianship Standards

In a handful of states, state-specific standards have resulted from a combination of private and public initiatives.

Some states, such as North Dakota and Alaska, have adopted the NGA Standards by statute or by rule.  NGA’s Standards also served as a template for the development of state-specific standards in California, Texas, Arizona, and Washington.  In Oregon, an optional guardianship certification process requires compliance with standards similar to NGA’s.  New Hampshire has court-adopted procedures based on NGA Standards.

Congruent with national organizational efforts, some state guardianship associations, such as the Minnesota Association of Guardianship and Conservatorship, have adopted state-specific standards of practice.  However, recent case law suggests that courts cannot take judicial notice of organizational standards.

At this time, there are study committees considering the adoption of state-specific cases in Ohio, Idaho, and Oregon.

Beyond the efforts outlined above, there are no state-specific standards for guardians in any of the remaining states.  Many states have guardianship handbooks or brochures offering guidance to guardians or potential guardians, but these do not have the force of law.