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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Guardianship and Conservatorship Practice in Massachusetts

Thorough and authoritative

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Print Book 184 pages in 1 volume with downloadable forms Note: For print books, with MCLE's automatic update service, book revisions are mailed automatically with an invoice. If you do not want to subscribe to updates, 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: 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
Table of Contents

Table of Contents
expand all

Chapter 01 expand

Introduction to Guardianship and Conservatorship
Buy Chapter
Rachel Deering, Verrill Dana LLP

Chapter 02 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 03 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
- Affidavit Regarding Power of Attorney Buy Form

Exhibit 3J
- Social Security Representative Payee Designation Buy Form

Exhibit 3K
- Sample Health Care Proxy Buy Form

Exhibit 3L
- Specific Directive in a Health Care Proxy Buy Form

Exhibit 3M
- Cross-Reference to Health Care Proxy in Durable Power of Attorney Buy Form

Exhibit 3N
- Petition for Special Proceeding in re: A Health Care Proxy Buy Form

Exhibit 3O
- HIPAA Release Form Buy Form

Exhibit 3P
- Five Wishes Buy Form

Exhibit 3Q
- House Bill No. 1274: An Act to Preserve Special Needs Trusts for Disabled Seniors Buy Form

Chapter 04 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 05 expand

Duties and Powers of Guardians and Conservators
Buy Chapter
Tracy A. Craig, Esq., Seder & Chandler
Amy McIntyre, Rubin and Rudman LLP
Lisa M. Neeley, Esq., Rubin and Rudman 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 06 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 07 expand

Substituted Judgment and Extraordinary Treatment
Buy Chapter
Lisa M. Cukier, Esq., Rubin and Rudman LLP
Russell Jacob Smith, Esq., Casner & Edwards LLP

Exhibit 7A
- CPCS Performance Standards Governing the Representation of Indigent Adults in Guardianship Proceedings Buy Form

Chapter 08 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 09 expand

Appointment of Counsel and Contested Matters
Buy Chapter
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., Prince Lobel Tye LLP
Joblin C. Younger, Esq., Law Office of Joblin C. Younger, PC

Exhibit 11A
- Report of Guardian ad Litem Buy Form

Exhibit 11B
- Probate and Family Court Standing Order 2-08: Impoundment of Guardian ad Litem Reports Buy Form
Editors & Authors

Editor(s)

Dena Wynn Hirsch, Esq., Verrill Dana LLP, Boston

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

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., Seder & Chandler, Worcester

Lisa M. Cukier, Esq., Rubin and Rudman LLP, Boston

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

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

Rachel Deering, Verrill Dana LLP, Boston

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

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

Patricia Keane Martin, Esq., Prince Lobel Tye LLP, Boston

Amy McIntyre, Rubin and Rudman LLP, Boston

Lisa M. Neeley, Esq., Rubin and Rudman LLP, Boston

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., Casner & Edwards LLP, Boston

Joblin C. Younger, Esq., Law Office of Joblin C. Younger, PC, Beverly

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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

Exhibit 3N

Exhibit 3O

Exhibit 3P

Exhibit 3Q

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

Editor(s)

Ethical Commentator(s)

Author(s)