PROBATE AND FAMILY COURT
ANNOUNCES NEW PETITION FOR
GUARDIANSHIP OF THE PERSON - AND - ESTATE
Boston,
August 11, 2008 - The Probate and Family Court Department
announces a new Guardianship Petition (CJ-P 110).
In
order to advance the objective of the Probate and Family
Court Department to protect incapacitated individuals,
including elderly persons, who appear in our Court, a
new Petition for Guardianship has been developed. The
effective date of the petition is September 1, 2008 to
enable the petition to be disseminated to the bar and
to the local divisions of the Probate and Family Court.
This
new petition is designed to protect proposed wards and
to ensure that judges have the information they need
in order to craft a guardianship, if appropriate, that
interferes with an individual’s personal liberty
only to the extent necessary.
The
detailed information to be provided on the petition requires
disclosure about the proposed ward’s individual
circumstances, his or her estate, where and with whom
the proposed ward lived during the last sixty (60) days,
his or her expected future residence, and a list of his
or her heirs at law.
The
petition must indicate the grounds for the guardianship:
mental illness, mental retardation, or physical incapacity
or illness of the proposed ward; the reason why a guardianship
is necessary; and, whether the guardianship can be limited
in any manner. The petitioner(s) must designate whether
a full or limited guardianship is sought and must define
the scope of the guardianship.
Petitions
for limited guardianship rather than full guardianship
are encouraged, if possible, in order to fully protect
the proposed ward’s individual autonomy and personal
liberty interests.
The
rollout of this new petition builds on the protections
put in place with the introduction of a new Medical Certificate
by the Probate and Family Court on April 15, 2008. The
new medical certificate provides judges with the information
they need in making the important decision of whether
to interfere with the fundamental liberty interest of
an individual to make decisions for themselves, in whole
or in part, by entering a guardianship decree.
If
you have questions, please contact Attorney John H. Cross
or Attorney Jocelynne D. Welsh at the Administrative
Office of the Probate and Family Court Department at
(617)788-6600.
PDF
of this Press Release 
Guardianship
Petition - Guardian of Person-and-Estate (CJ-P 110)
