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Massachusetts Laws

Selected Cases

Forms

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Massachusetts Laws

MGL c.190B, Article V . Protection of Persons Under Disability and Their Property
A complete overhaul of Mass. law, the Uniform Probate Code's provisions strive to enhance protection for the individuals' civil rights and autonomy

MGL c.190B, Article 5A, as added by St.2014, c.225 . Uniform Adult Guardianship and Protective Proceedings Jurisdiction. 
Provides a procedure for situations in which a caregiver lives in another state, or when the person involved lives in more than one state.

Selected Cases

Guardianship of V.V. , 470 Mass. 590 (2015)
A "parent whose minor child is the subject of a guardianship proceeding pursuant to G. L. c. 190B, § 5-206, and who cannot afford counsel has a right to have counsel appointed and to be so informed."

L.B. v. Chief Justice of the Probate and Family Court Dept. , 474 Mass. 231 (2016)
"When an indigent parent who is not represented by counsel seeks... to remove a guardian who has been appointed for a minor child,...the parent has a due process right to counsel to prosecute such a petition, and to be informed of this right, provided the parent presents a meritorious claim for removal...similarly, ... an indigent parent who petitions to modify the terms of a guardianship by seeking a substantial change in the provisions for visitation is entitled as a matter of due process to counsel, and to be informed of this right, provided the parent presents a meritorious claim."

Forms

Guardianship and Conservatorship Forms

Web Sources

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Last update: September 20, 2016

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