Product Description

Recent updates:

• Update: October 2021

  Dear Subscriber:

  Thank you for augmenting your library with the 2021 edition of Guardianship and Conservatorship Practice in Massachusetts. This latest edition brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions.

  Highlights from the many issues addressed in this supplement include

  • a case pending with the Supreme Judicial Court on the use of trusts to preserve settlors' assets;

  • Supreme Judicial Court decisions on the standards to be applied in considering the appointment of a guardian;

  • a new Social Security Administration form for appointment of a representative payee;

  • an Appeals Court decision distinguishing the use of medical certificates in the filing of guardianship petitions from their admissibility in contested proceedings;

  • an attempt to invoke the patient-psychotherapist privilege where the patient was warned that the psychiatrist would disclose their communications to the court;

  • guidance on the standards for applying substituted-judgment analysis, including commentary on the frequency of reviews of court orders;

  • a Probate and Family Court standing order addressing service by email to attorneys of record;

  • a recent change in the regulations governing the investment-related activities of broker-dealers and advisors;

  • clarification of the circumstances in which jurisdiction may be exercised in custody proceedings under the Massachusetts Child Custody Jurisdiction Act, including cases addressing whether Massachusetts could exercise home state jurisdiction following removal of minors to other states; and

  • guidance on the procedures for revoking a health-care proxy.

  Also included are extensive revisions to the ethics commentary provided by Jeffrey Woolf of the Board of Bar Overseers Office of the General Counsel, which highlight cases involving misidentification of the client, alternatives to the appointment of a guardian ad litem, the protection of confidential information, and the requirements for file retention imposed by Mass. R. Prof. C. 1.15A.

  We trust you will find this latest version of Guardianship and Conservatorship Practice in Massachusetts an invaluable resource for your busy practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

Chapter 1 expand

Introduction to Guardianship and Conservatorship

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Ruth A. Mattson, Esq., Vacovec, Mayotte & Singer LLP

Chapter 2 expand

Identifying and Planning for Incapacity

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Julia Satti Cosentino, Esq., Nutter McClennen & Fish LLP
Sara Goldman Curley, Esq., Nutter McClennen & Fish LLP

Exhibit 2A

- Additional Resources on Preparing and Planning for Guardianship or Conservatorship Buy Form

Chapter 3 expand

Alternatives to Guardianship or Conservatorship

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Hyman G. Darling, Esq., Bacon Wilson, PC

Exhibit 3A

- Special Clauses for Durable Power of Attorney Buy Form

Exhibit 3B

- Language Appointing a Successor Attorney-in-Fact Buy Form

Exhibit 3C

- Language Defining Incapacity Buy Form

Exhibit 3D

- Sample Escrow Agreement Buy Form

Exhibit 3E

- Sample Affidavits Regarding Power of Attorney Buy Form

Exhibit 3F

- Sample Language Signing with an X Buy Form

Exhibit 3G

- Sample Language for Signing on Behalf of Another Person Buy Form

Exhibit 3H

- Durable General Power of Attorney Buy Form

Exhibit 3I

- Social Security Representative Payee Designation Buy Form

Exhibit 3J

- Sample Health-Care Proxy Buy Form

Exhibit 3K

- Specific Directive in a Health-Care Proxy Buy Form

Exhibit 3L

- Cross-Reference to Health-Care Proxy in Durable Power of Attorney Buy Form

Exhibit 3M

- HIPAA Release Form Buy Form

Chapter 4 expand

Appointing a Guardian or Conservator

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Julia Satti Cosentino, Esq., Nutter McClennen & Fish LLP
Sara Goldman Curley, Esq., Nutter McClennen & Fish LLP

Checklist 4.1

- Checklist for Guardianship of an Adult Filing Buy Form

Checklist 4.2

- Checklist for Conservator Filing Buy Form

Exhibit 4A

- Example Petition for Appointment of Guardian for an Incapacitated Person (Form MPC 120) Buy Form

Exhibit 4B

- Example Petition for Appointment of Conservator for Disabled Person (Form MPC 130) Buy Form

Chapter 5 expand

Duties and Powers of Guardians and Conservators

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Tracy A. Craig, Esq., Mirick, O'Connell, DeMallie & Lougee LLP
Lisa M. Neeley, Esq., Mirick, O'Connell, DeMallie & Lougee LLP

Exhibit 5A

- Sample Conservator’s Account (Form MPC 833) Buy Form

Exhibit 5B

- Petition to Sell Real Estate for Investment Purposes (Form AC 79) Buy Form

Chapter 6 expand

Guardianship of Minors

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Sheriece M. Perry, Esq., Court Service CenterDepartment of Support Services

Checklist 6.1

- Guardianship of a Minor Filing Buy Form

Exhibit 6A

- Caregiver Authorization Form Buy Form

Chapter 7 expand

Substituted Judgment and Extraordinary Treatment

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Lisa M. Cukier, Esq., Burns & Levinson LLP
Russell Jacob Smith, Esq., Burns & Levinson LLP

Exhibit 7A

- CPCS Performance Standards Governing the Representation of Indigent Adults in Guardianship Proceedings Buy Form

Chapter 8 expand

Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

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Marlee S.F. Cowan, Esq., Rubin and Rudman LLP
Evelyn J. Patsos, Esq., Probate and Family Court, Commonwealth of Massachusetts

Chapter 9 expand

Appointment of Counsel and Contested Matters

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Pamela M. Kravetz, Esq., Kravetz Law Associates PLLC

Exhibit 9A

- Order Appointing Counsel (Form MPC 601) Buy Form

Exhibit 9B

- Notice of Appearance and Objection (Form MPC 505a) Buy Form

Exhibit 9C

- Massachusetts Medical Orders for Life-Sustaining Treatment (MOLST) Buy Form

Chapter 10 expand

Court Action to Resolve Health-Care Proxy Disputes: Special Proceedings Under G.L. c. 201D

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Barbara L. Kravetz, Esq., Kravetz Law Associates PLLC

Exhibit 10A

- Procedure for Actions Filed Under G.L. c. 201D Buy Form

Chapter 11 expand

Guardians ad Litem in Guardianship and Conservatorship Proceedings

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Patricia Keane Martin, Esq., Seegel Lipshutz Lo & Martin LLP

Exhibit 11A

- Report of Guardian ad Litem Buy Form

Exhibit 11B

- Appointment of Guardian ad Litem Buy Form

Exhibit 11C

- Probate and Family Court Standing Order 2-08: Impoundment of Guardian ad Litem Reports Buy Form

Ethical Commentator(s)

Author(s)