Guardianship and Conservatorship Practice in Massachusetts

Thorough and authoritative

Product Number: 1970304B00
Publication Date: 11/4/2021
Edition: 6th Edition 2021
Copyright: © 2021 MCLE, Inc.
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Guardianship and Conservatorship Practice in Massachusetts

Thorough and authoritative

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Print Book 372 pages in 1 volume (printed book) with downloadable forms Note: For print books, with MCLE's supplementation service, new supplements and revisions are mailed automatically with an invoice. If you do not want to subscribe, please check the opt out option during checkout.

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Product Description
Product Description

This comprehensive practice manual provides essential guidance for navigating the landscape of guardianship and conservatorship practice, including applicable statutory authority, leading case law, procedural requirements, real-world practice tips, and sample documents.

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 reachâ€”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

Table of Contents
expand all

Chapter 1 expand

Introduction to Guardianship and Conservatorship
Buy Chapter
Ruth A. Mattson, Esq., Verrill Dana 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

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
- 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
Buy Chapter
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
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., Trial Court/Administrative Office

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
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
Buy Chapter
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
Buy Chapter
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
Buy Chapter
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
Editors & Authors

Ethical Commentator(s)

Jeffrey D. Woolf, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers, Boston

Author(s)

Julia Satti Cosentino, Esq., Nutter McClennen & Fish LLP, Boston

Marlee S.F. Cowan, Esq., Rubin and Rudman LLP, Boston

Tracy A. Craig, Esq., Mirick, O'Connell, DeMallie & Lougee LLP, Worcester

Lisa M. Cukier, Esq., Burns & Levinson LLP, Boston

Sara Goldman Curley, Esq., Nutter McClennen & Fish LLP, Boston

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

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

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

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

Ruth A. Mattson, Esq., Verrill Dana LLP, Boston

Lisa M. Neeley, Esq., Mirick, O'Connell, DeMallie & Lougee LLP, Worcester

Evelyn J. Patsos, Esq., Probate and Family Court, Commonwealth of Massachusetts, Boston

Sheriece M. Perry, Esq., Trial Court/Administrative Office, Boston

Russell Jacob Smith, Esq., Burns & Levinson LLP, Boston

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Guardianship and Conservatorship Practice in Massachusetts

Thorough and authoritative

Guardianship and Conservatorship Practice in Massachusetts

Thorough and authoritative

Choose Format:

Product Description

Recent updates:

Table of Contents

Introduction to Guardianship and Conservatorship

Identifying and Planning for Incapacity

Exhibit 2A

Alternatives to Guardianship or Conservatorship

Exhibit 3A

Exhibit 3B

Exhibit 3C

Exhibit 3D

Exhibit 3E

Exhibit 3F

Exhibit 3G

Exhibit 3H

Exhibit 3I

Exhibit 3J

Exhibit 3K

Exhibit 3L

Exhibit 3M

Appointing a Guardian or Conservator

Checklist 4.1

Checklist 4.2

Exhibit 4A

Exhibit 4B

Duties and Powers of Guardians and Conservators

Exhibit 5A

Exhibit 5B

Guardianship of Minors

Checklist 6.1

Exhibit 6A

Substituted Judgment and Extraordinary Treatment

Exhibit 7A

Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

Appointment of Counsel and Contested Matters

Exhibit 9A

Exhibit 9B

Exhibit 9C

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

Exhibit 10A

Guardians ad Litem in Guardianship and Conservatorship Proceedings

Exhibit 11A

Exhibit 11B

Exhibit 11C

Ethical Commentator(s)

Author(s)