Product Description

Recent updates:

• 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

Buy Chapter

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

Chapter 2 expand

Identifying and Planning for Incapacity

Buy Chapter

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

Exhibit 2B

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

Exhibit 2C

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

Chapter 3 expand

Alternatives to Guardianship or Conservatorship

Buy Chapter

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

- 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

Buy Chapter

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

Chapter 5 expand

Duties and Powers of Guardians and Conservators

Buy Chapter

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

Buy Chapter

Sheriece M. Perry, Esq., Office of Court Management

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

Buy Chapter

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

Buy Chapter

Marlee S.F. Cowan, Esq., Pabian & Russell LLC
Ilene Mitchell, Esq., Probate and Family Court, Commonwealth of Massachusetts

Chapter 9 expand

Appointment of Counsel and Contested Matters

Buy Chapter

Pamela M. Kravetz, Esq., Law Offices of Barbara Levine Kravetz

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

Buy Chapter

Barbara L. Kravetz, Esq., Barbara Levine Kravetz, Esq.

Exhibit 10A

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

Chapter 11 expand

Guardians ad Litem in Guardianship and Conservatorship Proceedings

Buy Chapter

Patricia Keane Martin, Esq., Seegeel 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

Editor(s)

Ethical Commentator(s)

Author(s)