The 131st Annual Meeting (November 15-19, 2003) of APHA

Abstract #67188

Annette McGaha, PhD, Dept of Mental Health Law & Policy, University of South Florida, 13301 Bruce B Downs Blvd, Tampa, FL 33612, 813-974-7419, mcgaha@fmhi.usf.edu and Paul Stiles, JD, PhD, Department of Mental Health Law & Policy, Florida Mental Health Institute, 13301 Bruce B. Downs Blvd., Tampa, FL 33612.

Guardianship involves the appointment of a surrogate decision maker or guardian for persons determined by a court to be legally incapacitated. Although as many as a half a million individuals are subject to guardianship at any point in time in the United States, the literature on mental health issues and guardianship is sparse. This presentation will provide initial findings of data from 1,100 probate guardianship files for a NIMH funded study of “Guardianship for Persons with Mental Illnesses.” The demographic, clinical and functional characteristics of these wards will be described. Initial data collection shows that almost 40% of all guardianship cases involve a mental health issue. Those with an indication of mental illness in their probate file were slightly older (M = 69 versus 64 years) and more likely to be female (57% versus 47%) compared to those with no indication of mental health issues. The relationship of the type of mental illness and specific types of incapacity/guardianship will be described. Preliminary analyses of mental health service utilization of these guardianship wards will also be examined using several archival data sources including Medicaid, state mental health data, and statewide involuntary commitment data. Policy considerations related to mental health specific findings for guardianship wards will be discussed.

Learning Objectives:

At the conclusion of the session, participants will (
• have a general understanding of guardianship, (
• possess knowledge of mental health policy considerations relevant to guardianship, and (
• be able to describe mental health issues specific to a sample of guardianship wards in Florida.

Keywords: Health Law, Mental Health Services

Presenting author's disclosure statement:
I do not have any significant financial interest/arrangement or affiliation with any organization/institution whose products or services are being discussed in this session.