State Court Adult Guardianship Practices Online Survey (ACUS Survey)

Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery (Fast Track)

Survey Instrument - ACUS

State Court Adult Guardianship Practices Online Survey (ACUS Survey)

OMB: 0960-0788

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OMB No.
0960-0788
Administrative Conference of the United States Survey of State Court
Adult Guardianship Practices
Introduction
The Administrative Conference of the United States (Administrative Conference) is an
independent federal agency dedicated to improving federal administrative processes through
consensus-driven applied research, and provision of nonpartisan expert advice and
recommendations to federal agencies. The Social Security Administration (SSA) has asked the
Administrative Conference to study state court practices relating to adult guardianships and
conservatorships with an eye toward suggesting potential enhancements in information sharing
or coordination on overlapping guardianship-representative payee matters.
The Administrative Conference, in partnership with the National Center for State Courts,
requests your participation in this online survey. The goals of this survey are twofold: (1) to
gather information on state court practices concerning selection, monitoring, and sanctioning of
adult guardians/conservators; and (2) to explore possibilities for greater sharing of information
and coordination between SSA and state courts.
Please complete the survey by [date]. We thank you in advance for your assistance. If you have
questions about this survey, please contact [name and contact information].
Instructions
Definitions. Because guardianship terminology varies considerably across the country, for
purposes of this survey, the following key terms are defined as follows:


“Guardian” is an individual or organization appointed by a court to exercise some or
all powers over the person and/or the estate of an adult determined by a court to lack
capacity to make decisions on a temporary or permanent basis. When the term
“guardian” or “guardianship” is used in survey questions, it should be read broadly
to cover both guardians of the person and of the estate.



“Guardian of the Person” is a guardian who possesses some or all powers with
regard to the personal affairs of an adult.



“Guardian of the Estate” is a guardian who possesses some or all powers with regard
to the finances or property of an adult. (In many states, this type of guardian is
referred to as a “conservator.”)



“Incapacitated Person” is an adult who has been determined by a court to lack
capacity to make some or all personal and/or financial decisions and for whom a
guardian has been appointed. (Some states may refer to such individuals as “persons
under guardianship,” “conservatees,” or “wards.”)

Scope. We understand that some judges, court officials, and others may work or serve in
multiple courts. Please respond to each survey question relative to the court with which you
have the greatest familiarity concerning adult guardianship practices and procedures.

A. Background Information
1. Please describe your most frequent role in the guardianship process.
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Judge/judicial officer
Court administrator/clerk/manager
Visitor/investigator/evaluator
Guardian
Other (please specify: __________________________)

2. In which state or territory do you primarily work or serve?
[Drop-down list of 50 states, D.C. & territories]

3. In which type of court do you primarily work or serve?
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Probate court
General jurisdiction court
Limited jurisdiction court
Other (please specify: __________________________)

B. Selection of Guardians
4. In the past year, about what percentage of Guardians of the Person appointed in your
court fell into the following categories? (Estimates welcome if data for actual
percentages are unavailable.)
___ Family/friends
___ Professional guardians
___ Public guardians (such as: public guardian offices, social service or other agencies)
___ Volunteers (such as: pro bono attorneys, trained lay volunteers)
___ Other (please specify: __________________________)
___ Don’t know

5. In the past year, about what percentage of Guardians of the Estate appointed in your
court fell into the following categories? (Estimates welcome if data for actual
percentages are unavailable.)
___ Family/friends
___ Professional guardians
___ Public guardians (such as: public guardian offices, social service or other agencies)
___ Volunteers (such as: pro bono attorneys, trained volunteers)
___ Other (please specify: __________________________)
___ Don’t know

6. Generally, which statement best describes your court’s practice regarding review of
criminal background reports on prospective non-professional Guardians of the Estate
(i.e., individuals who are not certified or licensed guardians) prior to appointment?
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