By Harry S. Margolis
Guardianship and conservatorship, court appointments to make health care, financial and legal decisions for incapacitated individuals should be the last resorts, but too often are the first response when someone with a disability reaches the age of majority or an older person begins showing signs of cognitive decline. 
The ABA Commission on Law and Aging has created both a legal guide and a checklist to assist attorneys in determining whether guardianship or conservatorship are appropriate in particular situations, but they are just as useful for non-attorneys making the same determination.
Read More
Topics:
guardianship
By Harry S. Margolis
John Oliver on his HBO show, Last Week Tonight with John Oliver, Sunday night provided a scary and funny explanation of how guardianship works, ending with a public service announcement by William Shatner, Lily Tomlin and others explaining steps you can take to avoid the guardianship.
Read More
Topics:
long-term care planning,
guardianship,
family caregiving,
elder law,
elder care,
healthcare
By Rebecca J. Benson
Every child automatically becomes an “adult” in the eyes of the law as soon as the child turns 18 – an unnerving thought for many parents. Parents of a special needs child need to consider whether their child will need a legal guardian, even after turning 18. Our comprehensive “how-to” checklist will help you determine whether guardianship is needed and outline the steps for obtaining the necessary Massachusetts court appointment:
Read More
Topics:
guardianship,
special needs planning,
disability,
Special Needs Child,
proxy
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.”
Read More
Topics:
guardianship
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.
Read More
Topics:
trusts,
guardianship,
Estate Planning,
durable power of attorney
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.
Read More
Topics:
guardianship,
special needs planning,
Legal profession,
Estate Planning
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.
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.
Read More
Topics:
family dispute,
guardianship,
Estate Planning
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.
Read More
Topics:
nursing homes,
guardianship
