Planning for Life

Grandfather May Intervene in Granddaughter's Guardianship

Posted by Harry S. Margolis on December 13, 2016

By Kate English

In a recent guardianship decision, Guardianship of B.V.G., 474 Mass 315 (2016), the Supreme Judicial Court holds that an “interested person” may have standing to intervene in an incapacitated adult’s welfare even if he isn’t an “heir-at-law.”
                

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Topics: guardianship

What does it mean to be an agent under a durable power of attorney in Massachusetts?

Posted by Harry S. Margolis on September 14, 2016

By Harry S. Margolis

Have you been asked to serve as an agent (or "attorney-in-fact" to use the technical term) under a durable power of attorney in Massachusetts, but you're not totally sure about your duties and responsibilities? Then you're not alone.  Here's a primer.

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Topics: trusts, guardianship, Estate Planning, durable power of attorney

Three Essential Documents for Parents of Children with Special Needs

Posted by Rachel Sandler on July 31, 2013

By Rebecca J. Benson

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Topics: guardianship, special needs planning, Estate Planning

How Good is Your Durable Power of Attorney? - Massachusetts

Posted by Harry S. Margolis on June 18, 2013

By Harry S. Margolis

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Topics: guardianship, Estate Planning

Details Missing from Post Guardianship Article

Posted by Harry S. Margolis on December 11, 2012

By Harry S. Margolis

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Topics: guardianship

Case Highlights Conflict for Attorneys Acting as Guardian

Posted by Harry S. Margolis on December 2, 2012

By Harry S. Margolis

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Topics: guardianship

6 Tips for Helping Parents with Finances - Massachusetts

Posted by Harry S. Margolis on March 20, 2012

By Harry S. Margolis

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Topics: guardianship, seniors, Estate Planning

Is Guardianship Necessary When a Child with Special Needs Turns 18?

Posted by Harry S. Margolis on October 21, 2011

By Jeffrey A. Bloom

The law deems us to be of full legal capacity when we reach age 18, unless we’re incapacitated for some reason other than insufficient age. And we’re presumed to be competent until a court decides otherwise. So what should parents do when they have a special needs child who is about to turn 18? As with most things, there is no hard and fast rule or simple answer.

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Topics: guardianship, special needs planning, Legal profession, Estate Planning

What to Do About Dueling Powers of Attorney

Posted by Harry S. Margolis on September 22, 2011

By Harry S. Margolis

My client acts as agent for her father under a longstanding durable power of attorney.  Unfortunately, tensions are developing between her and her brother who has been consulting with other attorneys about asking their father to execute a new durable power of attorney appointing him.iStock-637904234.jpg

My client wants to know how we can stop this from happening and why the doctor's declaration that their father is no longer competent isn't sufficient.

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Topics: family dispute, guardianship, Estate Planning

Does a Health Care Proxy Trump Guardianship

Posted by Harry S. Margolis on August 12, 2011

By Harry S. Margolis

We had an inquiry from a nursing home about whether a guardian needed court approval to move a nursing home resident to another facility when she also had a health care proxy.

Under the Massachusetts guardianship law, guardians must first seek court approval before placing the protected person in a nursing home. However, agents under health care proxies have the right to make health care decisions for individuals and, presumably, this would include placement in a nursing home.

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Topics: nursing homes, guardianship

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