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As promised in my prior post on initial Guardianship and Conservatorship filings, this post will expand on issues of standing, notice, and objections. Who can file for Guardianship or Conservatorship? Any interested party may file a Petition for Guardianship or Conservatorship. This can be a family member, friend, or neighbor. It can also be a protective services agency or a hospital or other facility. The Petitioner may request his or her own appointment or may seek the appointment of another individual to serve as Guardian… Read more
My colleague, Hether Cahill, previously addressed the relationship between a guardianship and health care proxy and a conservatorship and durable power of attorney. The purpose of this blog is to further explore the use of health care proxies and durable powers of attorney when planning for incapacity or disability. Massachusetts General Laws ch. 201D, § 5 governs the authority of a health care proxy in Massachusetts. A health care proxy, once executed, enables an agent to make health care decisions on behalf of the principal… Read more
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