Normativity, guardianship, and the elderly. Some lessons from Canadian legislation

Area of Science:

• Legal Studies
• Gerontology
• Public Policy

Background:

• Guardianship law is crucial for protecting the legal rights and needs of the elderly.
• Canadian guardianship legislation has undergone reforms, with some provinces presented as models.

Purpose of the Study:

• To critically examine the normative advancements of reformed Canadian adult guardianship legislation.
• To evaluate whether current models adequately address the legal needs and assessment challenges of the elderly.

Main Methods:

• Review of criticisms of Canadian guardianship legislation.
• Analysis of reformed legislation in Alberta, Quebec, and British Columbia.
• Examination of normative presuppositions within autonomy-paternalism frameworks.

Main Results:

• Reformed guardianship models show dubious normative progress compared to traditional laws.
• Current frameworks inadequately address issues of assessment, legal competence, and need for the elderly.

Conclusions:

• The autonomy-paternalism framework and liberal individual/state norms obscure critical issues in elderly guardianship.
• Re-articulating the nature of individuals and communities is necessary for responsive guardianship laws and social arrangements.