The Uniform Custodial Trust Act: An Alternative to Adult Guardianship

The problems associated with court appointed guardianship are axiomatic. The public nature of the court proceeding required for appointment of a guardian is of concern to many families who become involved in the process. The expense and delay associated with the original hearing, as well as subsequent hearings that may be necessary in the operation of the guardianship, are also a great disadvantage of guardianship. As a means of managing property, guardianship is cumbersome, expensive and inflexible.

Recently, stories of the expense and potential abuse of guardianship for adults have found their way into the popular press. While most people think of guardianship as relating solely to minors or people adjudicated as mentally incompetent, guardianship may also be necessary for adults who suffer from functional incapacity below a level that would justify a formal adjudication of mental incapacity.