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Abstract: 

The history of guardianship for vulnerable adults is firmly rooted in the doctrine of parens patriae — the state acting to protect individuals who are unable to care for themselves. Thus, guardianship traditionally has been viewed as benefiting the individual by intervening to protect her from harm, even over her objection. More recently, guardianship laws and their application have reflected a tension between, on the one hand, this notion of beneficence and, on the other hand, respect for the autonomy and dignity of the individual.

Keywords: principle of guardianship; parens patriae

Affiliations:  .