Product Description

After lockdowns, moratoriums and social distancing, our world has greatly changed, and the problems encountered by landlords and tenants have likewise dramatically increased. The rise of disturbances and inappropriate behavior has created instances where action is needed to protect the rights of the parties to health, welfare, or safety. More than ever, the parties and the court need the assistance of guardian ad litems, to try to make necessary determinations when there is a question of a party’s competency or ability to meaningfully participate in the case and adequately represent one’s interests. In response to this growing need, MCLE proudly presents this inaugural program where experienced faculty explain the process for volunteering to become a guardian ad litem; the process for appointment of a guardian ad litem by the court; the best practices for doing this invaluable work (both from the landlord and the tenant perspective), including when to take action (and when not to!) to combat problems; and deciding whether there are agencies or entities that can provide intervention or assistance to either preserve the relationship between landlord and tenant or to help find a graceful way to conclude it.

Agenda & Materials

• 1:00 - 1:10 pm

  Welcome

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  Catherine F. Downing, Esq., Downing Van Dyke LLC , Natick
  Hon. Sergio E. Carvajal, Central Division, Housing Court, Commonwealth of Massachusetts , Worcester
  
• 1:10 - 1:20 pm

  Overview of Authority for Appointment of Guardians ad Litem in the Housing Court

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  Hon. Jonathan J. Kane, Western Division, Housing Court, Commonwealth of Massachusetts , Springfield
  
• 1:20 - 1:35 pm

  How and When a Guardian ad Litem is Appointed by the Court

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  Hon. Jonathan J. Kane, Western Division, Housing Court, Commonwealth of Massachusetts , Springfield
  Hon. Sergio E. Carvajal, Central Division, Housing Court, Commonwealth of Massachusetts , Worcester
  
• 1:35 - 1:45 pm

  How to Become a Guardian ad Litem Including Qualifications to Serve in this Capacity

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  Kara Lamb Cunha, Esq., Western Division, Housing Court, Commonwealth of Massachusetts , Springfield
  
• 1:45 - 2:00 pm

  Reporting Requirements for Guardians ad Litem, Including Payment for Services

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  Kara Lamb Cunha, Esq., Western Division, Housing Court, Commonwealth of Massachusetts , Springfield
  Hon. Sergio E. Carvajal, Central Division, Housing Court, Commonwealth of Massachusetts , Worcester
  Hon. Jonathan J. Kane, Western Division, Housing Court, Commonwealth of Massachusetts , Springfield
  
• 2:00 - 3:30 pm

  Best Practices for Guardians ad Litem: Panel Discussion

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  • Interactions between Guardian ad Litem and Ward
  • Interactions between Guardian ad Litem and Opposing Party
  • Interactions between Guardian ad Litem and Other Interested Parties
  • Limitations on Actions by Guardian ad Litem, including Role of Lawyer as Guardian ad Litem and When to Seek Additional Authority to Act
  • Making determinations as to Best Interests of Incapacitated Person (IP)

  Panel
  

Cochairs

Faculty