Solomon Center’s Nina Kohn Delivers Keynote Address for Annual Chief Judges Conference

Nina Kohn, the Solomon Center’s Distinguished Scholar in Elder Law, delivered the keynote address for the Conference of Chief Justices (CCJ) and Conference of State Court Administrators (COSCA) Annual Conference this August in Oregon. The conference, organized by the National Center for State Courts, brought together the chief justices of the nation’s state courts and top court administrators. This year, the conference focused its educational programming on guardianship and conservatorship. Kohn’s keynote called out major problems in guardianship systems and urged the Chief Judges and Court Administrators to make guardianship a priority for their court systems, noting how court leadership can make a difference. 

Kohn’s talk focused on the key civil rights concerns raised by current guardianship practice, and what courts can — and should — do about it. As part of her talk, Kohn explained that guardianship continues to be treated as a go-to intervention for individuals with cognitive and intellectual disabilities, not the last resort option its legally designed to be. In addition, she explained that, despite reforms requiring courts to consider less restrictive alternatives, courts continue to order guardianships that strip individuals of all rights permitted under state law even when less restrictive arrangements would meet the needs of most respondents.  

Kohn then outlined a series of steps court leaders could take to not only reduce unnecessary and overboard guardianships, but also to reduce the risk of abuse and exploitation by unscrupulous guardians.

After the talk, Kohn observed, “I was impressed by the warm reception by remarks received. Many of the participants expressed serious concern about the patterns of practice I described and expressed interest in making change in their systems. I am looking forward to supporting those efforts in coming months and years.”

Kohn is a nationally recognized leader on guardianship and elder law. Her remarks were built on her scholarship around guardianship, as well as the work of Elle Rothermich, Senior Academic Fellow at the Solomon Center, for the Uniform Law Commission's Guardianship, Conservatorship, and Other Protective Arrangements Act.