NAELA Journal Volume 10 Issue 2

Introduction to Focus on Guardianship Issue

By  Charles P. Golbert, Esq.
This issue of NAELA Journal focuses on personal and estate guardianship.

Voting Under Guardianship: Individual Rights Require Individual Review

By  Michele J. Feinstein, Esq., and David K. Webber, Esq.
This article examines the federal and state constitutional issues implicated in denying or allowing persons under guardianship the right to vote, beginning with the authors’ home state of Massachusetts.

Changing of the Guardians: A Criticism and Analysis of the New York Guardianship Statute’s Impact

By  Joy Solomon, Esq., Deirdre Lok, Esq., and Malya Kurzweil Levin, Esq.
Growing old is a complex business. The elderly are often vulnerable, and vulnerable populations, by definition, require the assistance of the law and the regulatory state.

In Fear of Suits: The Attorney’s Role in Financial Exploitation

By  Professor Roberta K. Flowers and H. Amos Goodall, Jr., CELA, CAP
Financial exploitation takes many forms and occurs in many places.

A New Solution to an Age-Old Problem: Statutory Authorization for Guardian-Initiated Divorces

By  Bella Feinstein, Esq.
This article provides the reader with context for understanding the legal issues surrounding a guardian’s power (or lack thereof) to initiate a divorce on behalf of his or her ward.

Book Review: Taking the Issues Global — Review of Adult Guardianship Law for the 21st Century

By  Charles P. Golbert, Esq.
In 2010, Yokohama, Japan, hosted the First World Congress on Adult Guardianship Law.

Case Note: Hughes v. McCarthy

By  Rene H. Reixach, Esq. and Molly M. Wood, Esq.
Rene H. Reixach, Esq., and Molly M. Wood, Esq., dissect the decision of the Sixth Circuit Court of Appeals in Hughes v. McCarthy.

Case Note: Settlement Agreement Between the United States and Camelot Child Development Center

By  Professor A. Kim Dayton
Professor Kim Dayton discusses the settlement agreement between the U.S. Department of Justice (DOJ) and Camelot Child Development Center, a private company that operates child care centers in Oklahoma.

Fall 2014


Click on any article to download a PDF copy of this issue.