Profile
Winsor C. Schmidt, J.D., LL.M. is the Metrolina Medical Foundation Distinguished Professor of Public Policy on Health in the Department of Public Health Sciences, University of North Carolina at Charlotte. He was previously Endowed Chair/Distinguished Professor of Urban Health Policy, University of Louisville School of Medicine where he held faculty appointments as Professor of Psychiatry and Behavioral Sciences and Professor of Family and Geriatric Medicine, and as Professor of Health Management and Systems Sciences in the School of Public Health and Information Sciences. Professor Schmidt was the founding Chair of the Department of Health Policy and Administration at Washington State University.
Professor Schmidt’s publications include the books, Public Guardianship and the Elderly (Ballinger Publishing Company), Guardianship: Court of Last Resort for the Elderly and Disabled (Carolina Academic Press), and co-authorship of Public Guardianship: In the Best Interests of Incapacitated People? (Praeger Publishers), as well as over 55 book chapters and articles on health and mental health law and policy issues. His work informs health, social service, and legal professionals, as well as judges and legislators, about the findings, analyses, conclusions, and implications from over 35 years of national and state research on guardianship and protective services for older persons and people with disabilities.
Professor Schmidt’s teaching experience includes graduate courses on health law, health policy, mental health law, aging policy and law, children’s health law and policy, women’s health law and policy, social science in law, administrative law, and international health law and bioethics.
Recent service experience includes the Board of Directors, National Committee for the Prevention of Elder Abuse, and the state of Washington’s Certified Professional Guardian Board (2003-2012). He is Adjunct Professor of Law at Stetson University College of Law and a member of the District of Columbia Bar.
Education
A.B., Harvard University, 1970, Government
J.D., American University, 1973, Public Law
LL.M., University of Virginia, 1984, Mental Health Law
Teaching
Health Policy Development
Health Law and Ethics
Research Interests
Guardianship
Mental health law
Health law
Elder law
Health policy
Selected Awards and Honors
Metrolina Medical Foundation Distinguished Professor of Public Policy on Health, University of North Carolina at Charlotte
Endowed Chair/Distinguished Professor of Urban Health Policy, University of Louisville School of Medicine
Washington State University Spokane Faculty Excellence Award
Best Research Paper award from The University of Memphis Chapter of the Sigma Xi Scientific Research Society
Mr. Division Volunteer Award, Florida Mental Health Association
Selected Community Involvement
Board of Directors, National Committee for the Prevention of Elder Abuse
Guardianship Advisory Board, Guardianship Certificate Program, University of Washington Educational Outreach
Publications
Books
Schmidt, K. Miller, W. Bell & E. New, Public Guardianship and the Elderly, Cambridge, MA: Ballinger Publishing Co. (1981), 268 pp.
Schmidt (ed.), Guardianship: Court of Last Resort for the Elderly and Disabled, Durham, NC: Carolina Academic Press (1995), 260 pp.: http://www.cap-press.com/books/172
Teaster, W. Schmidt, E. Wood, S. Lawrence & M. Mendiondo, Public Guardianship: In the Best Interests of Incapacitated People?, Praeger Publishers (2010), 262 pp.: http://www.abc-clio.com/product.aspx?id=53444
Book Chapters
Miller, Fein & Schmidt, “The Therapeutic State and Current Court Cases” in K. Miller, The Criminal Justice and Mental Health Systems: Conflict and Collusion, Cambridge, MA: Oelgeschlager, Gunn, and Hain, Inc. (1980), pp. 35-70.
Schmidt, “Guardianship: Public and Private” in M. Kapp, H. Pies & A. Doudera (eds.), Legal and Ethical Aspects of Health Care for the Elderly, Ann Arbor, MI: Health Administration Press (1985), pp. 189-221 (1986 American Journal of Nursing Books of the Year Award).
Schmidt, “Health and Human Services Law and Regulation” in J. Rabin & M. Steinhauer (eds.), Handbook on Human Services Administration, NY: Marcel Dekker, Inc. (1988), pp. 381-404:
http://www.routledge.com/books/Handbook-on-Human-Service-Administration-isbn9780824779245
Hightower, Heckert & Schmidt, “Elderly Nursing Home Residents’ Need for Public Guardianship Services in Tennessee” in E. Dejowski (ed.), Protecting Judgment-Impaired Adults: Issues, Interventions and Policies, NY: Haworth Press (1990).
Schmidt, “Revising Revisionism in Guardianship: An Assessment of Legal Reform of Decisional Incapacity” in M. Smyer, K. Schaie & M. Kapp (eds.), Older Adults’ Decision-Making and the Law, NY: Springer Publishing Co., pp. 269-282 (1996).
Schmidt, “Health Care Financing and Delivery for the Elderly: A Planned, Regulated System in Counterpoint to a Competitive Marketplace Approach” in M. Kapp (ed.), Ethics, Law, and Aging Review: Consumer-Directed Care and Older Persons, NY: Springer Publishing Co., pp. 53-65 (2000).
Schmidt, “Law and Aging: A Mental Health Theory Approach,” in I. Doran (ed.), Theories on Law and Ageing: The Jurisprudence of Elder Law, New York: Springer- Verlag Berlin Heidelberg (2009), pp. 121-143:
http://www.springer.com/social+sciences/aging/book/978-3-540-78953-6
http://www.springerlink.com/content/j004j7/?p=34b6d9395a28446486ff6d553ee9526a&pi=0
Schmidt & Clarke, “The Legal and Financial Environment,” in S. Hernandez (ed.), Strategic Human Resources Management in Health Services Organizations, 3rd edition, Delmar Cengage Publishers (2010), pp. 17-33:
Schmidt, “Proxy Decision-Making: A Legal Perspective,” in Charles Foster, Jonathan Herring and Israel Doron (eds.), The Law and Ethics of Dementia, Oxford: Hart Publishing (2014), pp. 311-327: http://www.hartpub.co.uk/BookDetails.aspx?ISBN=9781849464178
Articles in Journals
Miller, Schmidt & K. Miller, “Decriminalizing Drugs: Variations in Endorsement within Professional Roles,” 7 Contemporary Drug Problems 181-93 (Summer 1978). NCJ 65414
Miller, K. Miller & Schmidt, “Drug Offender Diversion: Perceptions of Legal and Rehabilitation Personnel,” 7 Contemporary Drug Problems 591-605 (Winter 1978). NCJ 063955
Schmidt, “Mental Health Law: A Floridian Perspective,” 3 Community Support Service Journal 5-9 (Summer 1979).
Schmidt, “Drug Offender Diversion: Legal Issues and Administration,” 8 Contemporary Drug Problems 475-94 (Winter 1979). NCJ 073768
Schmidt, “Suggested Florida Constitutional Provisions Relating to the Mentally Disabled,” 54 Florida Bar Journal 473-77 (Winter 1979).
Schmidt, “Is Bifurcation in the Insanity Defense Salvageable?” 6 National Journal of Criminal Defense 185-99 (Fall 1980).
Schmidt, “Guardianship of the Elderly in Florida: Social Bankruptcy and the Need for Reform,” 55 Florida Bar Journal 189-95 (March 1981), reprinted in Law for the Florida Social Service Worker, Florida Department of Health and Rehabilitative Services (Oct. 1981).
Bell, Schmidt & K. Miller, “Public Guardianship and the Elderly: Findings from a National Study,” 21 The Gerontologist 194-202 (April 1981).
Schmidt, Bickel, Bell, K. Miller & New, “Issues in Public Guardianship,” 15 The Urban and Social Change Review 21-26 (Winter 1982).
Schmidt, “A Proposal for Changing Florida’s Civil Commitment System,” 6 Nova Law Journal 385-435 (Spring 1982).
Schmidt, K. Miller, Bell & New, “Alternatives to Public Guardianship,” 14 State and Local Government Review 128-31 (Sept. 1982).
Nelson, Schmidt & K. Miller, “The Legal Needs of the Mentally and Developmentally Disabled: A Florida Study,” 6 Mental Disability Law Reporter 418-424 (Nov.-Dec. 1982).
Schmidt, “Deinstitutionalization Following Pennhurst State School v. Halderman,” 5 Journal of Health and Human Resources Administration 481-88 (Spring 1983).
Schmidt, K. Miller, Cameron & Collins, “The Impact of Attorneys’ Attitudes Toward Pro Bono Publico Efforts on Behalf of the Mentally Disabled,” 12 Stetson Law Review 395-403 (1983).
Schmidt & K. Miller, “Improving the Social Treatment Model in Protective Services for the Elderly: False Needs in the Therapeutic State,” 1 Journal of International and Comparative Social Welfare 90-106 (Fall 1984).
Schmidt, “The Evolution of a Public Guardianship Program,” 12 Journal of Psychiatry and Law 349-72 (Fall 1984).
Schmidt, “Supreme Court Decisionmaking on Insanity Acquittees Does Not Depend on Research Conducted by the Behavioral Science Community: Jones v. United States,” 12 Journal of Psychiatry and Law 507-25 (Winter 1984).
Schmidt, “A Proposal for Corrections Overcrowding and the Mentally Disordered,” 59 Florida Bar Journal 34-36 (April 1985).
Peters, Schmidt & K. Miller, “Guardianship of the Elderly in Tallahassee, Florida,” 25 The Gerontologist 532-38 (Oct. 1985).
Schmidt, “Considerations of Social Science in a Reconsideration of Parham v. J. R. and the Commitment of Children to Public Mental Institutions,” 13 Journal of Psychiatry and Law 339-59 (Fall-Winter 1985). PMID: 11649764
Schmidt, “Critique of the American Psychiatric Association’s Guidelines for Legislation on Civil Commitment of the Mentally Ill,” 11 New England Journal on Criminal and Civil Confinement 11-43 (Winter 1985). PMID: 16100810
Schmidt, “Adult Protective Services and the Therapeutic State,” 10 Law and Psychology Review 101-121 (1986).
Schmidt & Peters, “Legal Incompetents’ Need for Guardians in Florida,” 15 Bulletin of the American Academy of Psychiatry and the Law 69-83 (1987). PMID: 3427232
Peters, K. Miller, Schmidt & Meeter, “The Effects of Statutory Change on the Civil Commitment of the Mentally Ill,” 11 Law and Human Behavior 73-99 (1987).
Schmidt, “Recommended Judicial Practices in Guardianship Proceedings for the Elderly,” 61 Florida Bar Journal 35-40 (May 1987).
Schmidt, Miller, Peters & Loewenstein, “A Descriptive Analysis of Professional and Volunteer Programs for the Delivery of Guardianship Services,” 8 Probate Law Journal 125-156 (1988).
Schmidt & Otto, “A Legal and Behavioral Science Analysis of Statutory Guidelines for Children Mental Health and Substance Abuse Services: The Florida Case,” 16 Journal of Psychiatry and Law 9-65 (1988).
Schmidt, “Issues in Health Law: Introduction,” 11 Journal of Health and Human Resources Administration 437-443 (Spring 1989).
Schmidt (ed.), “Issues in Health Law: A Symposium, Part I,” 11 Journal of Health and Human Resources Administration 437-501 (Spring 1989).
Schmidt (ed.), “Issues in Health Law: A Symposium, Part II,” 12 Journal of Health and Human Resources Administration 112-165 (Summer 1989).
Schmidt, “Quantitative Information About the Quality of the Guardianship System: Toward a Next Generation of Guardianship Research,” 10 Probate Law Journal 61-80 (1990).
Hightower, Heckert & Schmidt, “Elderly Nursing Home Residents’ Need for Public Guardianship Services in Tennessee,” 2 (3/4) Journal of Elder Abuse and Neglect 105-122 (1990).
Otto & Schmidt, “Malpractice in Verbal Psychotherapy: Problems and Potential Solutions,” 4 Forensic Reports 309-335 (1991).
Schmidt, Heckert & Mercer, “Factors Associated with Medical Malpractice: Results from a Pilot Study,” 7 Journal of Contemporary Health Law and Policy 157-182 (Spring 1991) (1992 Best Research Paper award from The University of Memphis Chapter of the Sigma Xi Scientific Research Society). PMID: 10111244
Schmidt, “Accountability of Lawyers in Serving Vulnerable, Elderly Clients,” 5 (3) Journal of Elder Abuse and Neglect 39-50 (1993). NCJ 146635
Dempsey & Schmidt, “Antitrust Implications of Healthcare Reform,” 14 (1) The Healthcare Supervisor 14-18 (Sept. 1995). PMID: 10144613
Schmidt, “Assessing the Guardianship Reform of Limited Guardianship: Tailoring Guardianship or Expanding Inappropriate Guardianships?” 2 (1) Journal of Ethics, Law, and Aging 5-14 (1996).
Schmidt, “Public Guardianship Issues for New York: Insights from Research,” 6 (3) Elder Law Attorney 31-37 (Fall 1996).
Teaster, Schmidt, Abramson & Almeida, “Staff Service and Volunteer Staff Service Models for Public Guardianship and ‘Alternatives’ Services: Who Is Served and With What Outcomes?,” 5 (2) Journal of Ethics, Law, and Aging 131-151 (Fall/Winter 1999).
Coyne & Schmidt, “Distance Learning in Graduate Health Administration Education: A Case Study from Washington State University,” 19 (1) Journal of Health Administration Education 51-70 (Winter 2001). PMID: 17380645
Schmidt, “The Wingspan of Wingspread: What is Known and Not Known about the State of the Guardianship and Public Guardianship System Thirteen Years after the Wingspread National Guardianship Symposium,” 31 (3) Stetson Law Review 1027-1046 (Spring 2002).
Schmidt, Akinci & Wagner, “The Relationship Between Guardian Certification Requirements and Guardian Sanctioning: A Research Issue in Elder Law and Policy,” 25 (5) Behavioral Sciences and the Law 641-653 (September/October 2007). PMID: 17899533
Teaster, Wood, Lawrence & Schmidt, “Wards of the State: A National Study of Public Guardianship,” 37 (1) Stetson Law Review 193-241 (Fall 2007).
Schmidt, Teaster, Wood, Lawrence & Mendiondo, “Development and Trends in the Status of Public Guardianship: Highlights of the 2007 National Public Guardianship Study,” 33 (5) Mental and Physical Disability Law Reporter 728-732 (September October 2009). PMID: 20041583
Schmidt, Akinci & Magill, “Study Finds Certified Guardians with Legal Work Experience Are at Greater Risk for Elder Abuse Than Certified Guardians with Other Work Experience,” 7 (2) NAELA Journal 171-197 (Fall 2011) (NAELA is the National Academy of Elder Law Attorneys).
Schmidt, “Medicalization of Aging: The Upside and the Downside,” 13 (1) Marquette Elder’s Advisor 55-88 (Fall 2011).
Schmidt, “Guardianship for Vulnerable Adults in North Dakota: Recommendations Regarding Unmet Needs, Statutory Efficacy, and Cost Effectiveness,” 89 (1) North Dakota Law Review 77-142 (2013).
