Changes to the New MUPC; Guardianship & Conservatorship – Substantive law, applicable procedures, forms and practice
Date: May 27, 2010 9:00AM – 12:00PM
Crowne Plaza Pittsfield,
1 West Street, Pittsfield
On July 1, 2009, specific provisions of the Massachusetts Uniform Probate Code went into effect dramatically revising and reforming our current guardianship and conservatorship laws. Since then the Court and the Implementation Committee have made some recent revisions to forms, rules, and procedures following their six month review. Even if you attended MCLE’s seminars on this topic last June or July, you need to attend this program to hear the latest from the Court.
At this program you learn not only from the drafters of the Code but from the members of the Implementation Committee as to how the MUPC changes the way you practice guardianship and conservatorship law. Our panelists provide a comprehensive review of Article V and related sections of the MUPC including the right to counsel and the responsibility for the payment of counsel fees.
Guardianship: The elimination of guardianships over the estate; The parental and spousal preference in nominating a guardian; The new notice requirements including who must now be served and how; The effect on the practice of substituted judgment cases; The guardians’ powers and duties in relation to a Health Care Agent; The new nursing home placement authorization requirement; The new guardianship of minors provisions
Conservatorship: The standard for appointing a conservator; The new notice requirements including who must now be served and how; Protective proceedings and protective orders; The powers of the conservator including the authority to create, amend or revoke trusts and wills; Single transactions; The conservators duties and powers in relation to the attorney in fact; The appointment of Special Conservators; The new reporting and fact; The appointment of Special Conservators; The new reporting and monitoring requirements including the Conservator Plan; Accounting requirements including services provided to the protected person
This program is eligible for 2.75 hours of CLE credit for Categories D, G and Q.
This seminar is intended for members of the legal community.