Guardianship and Conservatorship Practice in Massachusetts
Thorough and authoritative
- Product Number: 1970304B00
- Publication Date: 12/26/2023
- Edition: 7th Edition 2023
- Copyright: © 2023 MCLE, Inc.
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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:
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Update: December 2023
Dear Subscriber:
Thank you for choosing to keep your copy of Guardianship and Conservatorship Practice in Massachusetts current with this 2023 edition. Inside, you will find new material on such topics as the following:
- Grounds for appointment of guardianships for adults. In chapter 4, find reference to a 2023 Appeals Court decision that upheld a Probate and Family Court's finding of incapacity where the seventy-eight-year-old respondent had a diagnosis of paranoid schizophrenia and refused to undergo blood testing or otherwise monitor her health for potential side effects of Zyprexa.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA). Also in chapter 4, find a practice note explaining electronic signature requirements for pleadings under the UAGPPJA. The note references Probate and Family Court Standing Order 2-23.
- Durable power of attorney. See chapter 2 for a practice note citing a 2022 case on the subject of expanding the powers under a durable power of attorney to encompass making gifts, creating trusts, and accessing digital assets.
- Serving as a GAL. See chapter 11 for an updated list of practical steps. There is also a detailed checklist concerning a GAL's first inquiry of a case.
We at MCLE trust that you will find this new material useful in your practice and valuable in keeping your law library current.
Cordially,
MCLE Press
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Update: December 2023
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Table of Contents
Table of Contents
expand allChapter 01 expandIntroduction to Guardianship and Conservatorship
Buy ChapterChapter 02 expandIdentifying and Planning for Incapacity
Buy ChapterExhibit 2A
- Additional Resources on Preparing and Planning for Guardianship or Conservatorship Buy FormChapter 03 expandAlternatives to Guardianship or Conservatorship
Buy ChapterExhibit 3A
- Special Clauses for Durable Power of Attorney Buy FormExhibit 3B
- Language Appointing a Successor Attorney-in-Fact Buy FormExhibit 3C
- Language Defining Incapacity Buy FormExhibit 3D
- Sample Escrow Agreement Buy FormExhibit 3E
- Sample Affidavits Regarding Power of Attorney Buy FormExhibit 3F
- Sample Language Signing with an X Buy FormExhibit 3G
- Sample Language for Signing on Behalf of Another Person Buy FormExhibit 3H
- Durable General Power of Attorney Buy FormExhibit 3I
- Affidavit Regarding Power of Attorney Buy FormExhibit 3J
- Social Security Representative Payee Designation Buy FormExhibit 3K
- Sample Health Care Proxy Buy FormExhibit 3L
- Specific Directive in a Health Care Proxy Buy FormExhibit 3M
- Cross-Reference to Health Care Proxy in Durable Power of Attorney Buy FormExhibit 3N
- Petition for Special Proceeding in re: A Health Care Proxy Buy FormExhibit 3O
- HIPAA Release Form Buy FormExhibit 3P
- Five Wishes Buy FormExhibit 3Q
- House Bill No. 1274: An Act to Preserve Special Needs Trusts for Disabled Seniors Buy FormChapter 04 expandAppointing a Guardian or Conservator
Buy ChapterChecklist 4.1
- Checklist for Guardianship of an Adult Filing Buy FormChecklist 4.2
- Checklist for Conservator Filing Buy FormExhibit 4A
- Example Petition for Appointment of Guardian for an Incapacitated Person (Form MPC 120) Buy FormExhibit 4B
- Example Petition for Appointment of Conservator for Disabled Person (Form MPC 130) Buy FormChapter 05 expandDuties and Powers of Guardians and Conservators
Buy ChapterChapter 06 expandGuardianship of Minors
Buy ChapterChapter 07 expandSubstituted Judgment and Extraordinary Treatment
Buy ChapterExhibit 7A
- CPCS Performance Standards Governing the Representation of Indigent Adults in Guardianship Proceedings Buy FormChapter 08 expandUniform Adult Guardianship and Protective Proceedings Jurisdiction Act
Buy ChapterChapter 09 expandAppointment of Counsel and Contested Matters
Buy ChapterChapter 10 expandCourt Action to Resolve Health-Care Proxy Disputes: Special Proceedings Under G.L. c. 201D
Buy ChapterExhibit 10A
- Procedure for Actions Filed Under G.L. c. 201D Buy FormChapter 11 expandGuardians ad Litem in Guardianship and Conservatorship Proceedings
Buy Chapter - Editors & Authors