A new law will take effect in Massachusetts on July 1 relative to guardianships. This issue has been debated and discussed for more than 20 years, and this law is intended to create uniformity among all states across the country; 13 states enacted the law in 2008.
Until now, in Massachusetts, most issues regarding the administration and legal requirements of guardianships were decided on a case-by-case basis. The new law is more than 100 pages long, and one article applies primarily to the protection of disabled people and their property.
Over the past year, changes have been made to both the ‘petition for guardianship of a person’ and the medical certificate required to be filed with the court for a finding of incapacitation.
The court has redefined the requirements to determine that a person is incapacitated when they are unable to attend to their own affairs and are in need of a guardian. In addition, some of the terminology that was utilized for many years is now going to be changed. As an example, in the past, a person who was determined by the court to be incapacitated was referred to as a ‘ward.’ This term is now reserved solely for the guardianship of a minor. Any other person who needs a guardian is determined as an ‘incapacitated person,’ a ‘person in need of services,’ or a ‘protective person.’ Court personnel, attorneys, and the public will have to learn the new terminology as well as, potentially, new forms, procedures, and standards.
Full Article and Source:
The Uniform Probate Code - Enhanced Protection Available for Those Needing Guardianship
More information:
Massachusetts Adopts Uniform Probate Code
See also:
Massachusetts Uniform Probate Code
Probate Reform After 20 Years
Surety Firms Stall Reform
Dangerous Guardianship Petition
Until now, in Massachusetts, most issues regarding the administration and legal requirements of guardianships were decided on a case-by-case basis. The new law is more than 100 pages long, and one article applies primarily to the protection of disabled people and their property.
Over the past year, changes have been made to both the ‘petition for guardianship of a person’ and the medical certificate required to be filed with the court for a finding of incapacitation.
The court has redefined the requirements to determine that a person is incapacitated when they are unable to attend to their own affairs and are in need of a guardian. In addition, some of the terminology that was utilized for many years is now going to be changed. As an example, in the past, a person who was determined by the court to be incapacitated was referred to as a ‘ward.’ This term is now reserved solely for the guardianship of a minor. Any other person who needs a guardian is determined as an ‘incapacitated person,’ a ‘person in need of services,’ or a ‘protective person.’ Court personnel, attorneys, and the public will have to learn the new terminology as well as, potentially, new forms, procedures, and standards.
Full Article and Source:
The Uniform Probate Code - Enhanced Protection Available for Those Needing Guardianship
More information:
Massachusetts Adopts Uniform Probate Code
See also:
Massachusetts Uniform Probate Code
Probate Reform After 20 Years
Surety Firms Stall Reform
Dangerous Guardianship Petition
It's not real reform without due process protection.
ReplyDeleteThere needs to be more study to see if this is overall good for wards or if it's good for attorneys.
ReplyDeleteYou're right, Anonymous 1. And with reform in the hands of those who should be reformed, we can almost bet this new law will benefit the lawyers instead of the wards.
ReplyDeleteI believe the uniform laws only work if all states enact them. And that's not going to happen.
ReplyDeleteEach state should work for reform and can do so by looking around and seeing what works in other states.