Product Description

Recent updates:

• Update: November 2019

  Dear Subscriber:

  Thank you for updating your reference library with the 2019 supplement to Guardianship and Conservatorship Practice Under the Massachusetts Uniform Probate Code. Some of the highlights of this supplement include:

  • an updated discussion on including language regarding access to digital assets in a durable power of attorney (see Chapter 3);

  • new checklists to assist the practitioner in filing for a guardianship and a conservatorship (see Chapter 4);

  • information on the expanded right to counsel in guardianship matters (see Chapter 6);

  • a detailed explanation of MOLST (medical orders for life-sustaining treatment) documents (see Chapter 7); and

  • extensive updates on the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (see Chapter 8).

  We trust you will find this updated resource to be a valuable aid in your law practice.

  Very truly yours,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

• Update: October 2017

  Dear Subscriber:

  Thank you for updating your reference library with the 2017 edition of Guardianship and Conservatorship Practice Under the Massachusetts Uniform Probate Code.

  Under the leadership of new editor Ruth Mattson, Esq., of Bove & Langa, this significantly refreshed edition features a wealth of new content. Highlights include new chapters on the following topics:

  • the Uniform Adult Guardianship and Protective Proceedings Act (see chapter 8),

  • appointment of counsel and contested matters (see chapter 9),

  • court actions to resolve health-care proxy disputes (see chapter 10), and

  • guardians ad litem (see chapter 11).

  With this edition, Guardianship and Conservatorship Practice Under the Massachusetts Uniform Probate Code remains an essential companion for any lawyer handling a guardianship or conservatorship matter in Massachusetts.

  We at MCLE thank you for your ongoing support of this product, as we continue our efforts to bring you the latest solutions to the issues you face in your practice.

  Very truly yours,

  Alexis J. LeBlanc, 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
Susan K. McClements, Esq.,

Exhibit 2A

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

Exhibit 2B

- Reserved

Exhibit 2C

- Reserved

Chapter 3 expand

Alternatives to Guardianship or Conservatorship

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Hyman G. Darling, Esq., Bacon Wilson, PC
Susan K. McClements, Esq.,

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

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

Exhibit 3J

- Sample Health Care Proxy Buy Form

Exhibit 3K

- Specific Directive in a Health Care Proxy Buy Form

Exhibit 3L

- 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., Trial Court of Massachusetts

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

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., Pabian & Russell LLC
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

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 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

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