United States Adult Guardianship Reform And Its Implications

Since the 20th century,all civil law and common law countries devote themselves to reforming adult guardianship system in order to adapt to the arrival of an aging society on the planet. America is no exception.In order to more effectively protect the incapacitated person's liberty andrights, the introduction of such as "respect for the right of self-decision" and the "normalization of life in the maintenance of himself," and other international monitoring system for the protection of human rights in new ideas and use it as relying on adult guardianship system a comprehensive reform.Adult guardianship system in the United States before the reform of its legislation and judicial practice, focusing on maintaining social transaction security and public interests at the expense of being guardians of the interests and aspirations. Once set custody, the ability of wards to act rightly been fully denied or restricted. The United States through a series of reforms has changed the situation. Compared with America, our system has become outdated and can not protect the wards of the freedoms and rights, autonomy and dignity rights of decision-making power. To make our country's adult guardianship system to adapt to our social development and keep with the pace of the international legal system reform,Successful experience of American adult guardianship reforms is important inspiration and reference for the reconstruction and perfection of Chinese adult guardian.This paper attempt to provide us with some significance of substantive rules and theories nutrition by the introduction of the United States legal system.Apart from the introduction and conclusion, the main part consists of four parts.The first part focuses on the evolution of the U.S. adult guardianship system, but also is divided into four parts.It describes Roman origins of the adult guardianship system in the United States,the sources in English law of the United States adult guardianship system, the evolution of the United States and the United States a new adult guardianship system changes.The second part focuses on the U.S. adult guardianship system, followed by the idea that "respect for the right of self-decision" and to "normalization of life in the maintenance of himself of two basic concepts.The third section describes the U.S. adult guardianship system, specific reforms can be divided into five parts. It introduces the meaning given guardianship system reform (including the meaning given custody of the principles and specific content). These include: (1) "substantial harm" standard; (2) least restrictive alternative; (3) "functional capacity"standard; (4) due process.The fourth part focuses on the guardianship system in the United States reference for our guardianship system.The meaning of this section can also be divided into two parts:one part decrises the problem of China's guardianship system and the other part regarding the successful experience of American adult guardianship reforms is important inspiration and reference for the reconstruction and perfection of Chinese adult guardian.In the parts of the pilogue,the paper compares the fine of the American law with thecareless of ours,pointing out that only the adult guardianship system in the philosophy and profound institutional reforms in order to adapt to the international development of the concept of human rights protection and the protection of freedoms and rights of the ward's needs.