In July 2009, major changes were made to the Law of Massachusetts that applies to Guardianship and Conservatorship when the Massachusetts Uniform Probate Code (MUPC) Article V was adopted. Article V affects guardianships and conservatorships, the authority of guardians and the rights and prerogatives of incapacitated persons and wards. These changes were brought about in part by acknowledgement of modern, clinical understanding of disability. The MUPC seeks to ensure the dignity and human rights of incapacitated persons are preserved by recognizing disability as functional limitations. Practically speaking, this means the MUPC allows for LESS intrusion into the lives of incapacitated persons by the Probate and Family Court. Under the MUPC, incapacitated persons now have more say in regard to some of their finances and living conditions.
For guardians taking care of a minor or incapacitated family member, understanding what the MUPC means in terms of their rights and obligations is essential. At Blake Law our attorneys work closely with guardians in making sure they comply with all applicable laws and are prepared for what is required under the MUPC. For more information regarding guardianships and conservatorships changes to the Massachusetts Uniform Probate Code, contact Blake Law today.
Important Changes to Guardianships Under the MUPC
The MUPC affects the following elements in regard to guardianships and conservatorship:
- Authority available for guardians and conservators
- Right to counsel
- Nomination of a guardian
- Division of authority
- Duties of a guardian and conservator
- Changes to the law related to Interested Parties entitled to notice and information
- Judicial oversight of guardians and conservators including annual Care Reports
Helping Families Help Their Incapacitated Loved One
The new guidelines that govern guardianships and conservators affect the fiduciaries on multiple levels. Our attorneys work closely with families and guardians in making sure they understand what their fiduciary responsibilities are, what the limitations of their authority are and what they must do to comply with the MUPC. For more information on establishing guardianships and the MUPC, contact the guardianship attorneys at Blake Law today.