Boston Massachusetts Decree and Order of Expansion-Modification-Limitation of the Powers of a Conservator

State:
Massachusetts
City:
Boston
Control #:
MA-MPC-702
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PDF
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This is an official form from the Massachusetts Court System, which complies with all applicable laws and statutes. USLF amends and updates these forms as is required by Massachusetts statutes and law.

The Boston Massachusetts Decree and Order of Expansion-Modification-Limitation of the Powers of a Conservator is a legal document that outlines the authority and limitations of a conservator in the state of Massachusetts, specifically in the city of Boston. This decree is designed to protect the rights and well-being of individuals who are deemed incapable of managing their own affairs. A conservator is a court-appointed individual or entity responsible for managing the personal and financial affairs of another person, known as the conservative. The conservator is entrusted with the duty to act in the best interests of the conservative and to ensure their welfare is upheld. The decree and order present a comprehensive framework that governs the powers and duties of a conservator. It outlines the specific areas where the conservator can exercise authority, such as managing the conservative's finances, making medical decisions, and arranging for their living arrangements. This document also specifies the limitations on these powers to prevent abuse or infringement on the conservative's rights. The decree and order may include different types depending on the specific needs and circumstances of the conservative. Some possible types of decrees and orders related to the expansion, modification, or limitation of a conservator's powers could include: 1. Limited Authority Decree: This type of decree restricts the conservator's powers to certain specified areas, such as managing the financial assets of the conservative, while excluding other aspects like medical decision-making. 2. Expanded Authority Decree: Conversely, an expanded authority decree grants the conservator additional powers beyond the basic responsibilities. This could include the ability to sell property or make investments on behalf of the conservative. 3. Modification Order: A modification order may be issued to adjust the powers of a conservator when specific circumstances change. For example, if the conservative's condition improves or worsens, the court may alter the conservator's authority accordingly. 4. Limited Duration Order: In some cases, a conservator's powers may be limited for a specific duration. This type of order may be enacted when there is an expectation that the conservative will regain capacity over time. It's important to note that the exact terminology and types of decrees and orders may vary depending on the specific regulations and legal procedures in place in Boston, Massachusetts. It is advisable to consult with a legal professional or refer to the relevant legal statutes for a more precise understanding of the Boston Massachusetts Decree and Order of Expansion-Modification-Limitation of the Powers of a Conservator.

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(d) A conservatorship terminates upon the death of the protected person or upon order of the court. (e) Upon the death of a protected person, the conservator shall conclude the administration of the estate by distribution to the person's successors.

To obtain a conservatorship, an interested person must petition the Probate and Family Court. An interested person must file a Petition for Appointment and a Medical Certificate signed by a licensed professional. The Medical Certificate evaluation must have been complted within 30 days of the filing of the petition.

Guardianship is a legal process that gives the guardian permission to take care of and make decisions for an incapacitated adult. An incapacitated person is someone with a clinically diagnosed condition that keeps them from being able to make or communicate decisions about their physical health, safety, or care.

Conservatorship is a legal process in which the Massachusetts Probate and Family Court appoints a person?called a Conservator?to make certain decisions on behalf of someone who is mentally or physically unable to care for themselves.

A Massachusetts guardianship ends when a person turns eighteen years old. It can also be terminated upon a minor being adopted or when the court determines that the guardianship is no longer necessary.

A conservatorship continues until terminated by the conservatee's death or by a court order. When the conservatee dies, the conservatorship terminates as a matter of law. However, this does not mean that the conservator does not have any power over the conservatee's assets after he or she dies.

A Limited Guardianship is favored under Massachusetts law and recognizes that an adult may lack the ability to make decisions in some areas, and still have the ability to make personal decisions in many other areas of his or her life.

To change a guardian, there are two or three steps. the original order. o A person other than the guardian would file a petition for removal. o A guardian would file a petition for resignation. On both forms, one can include the name of a proposed new guardian. File a new petition for appointment of a guardian.

A Probate conservatorship may be terminated by the Court upon request or by death of the conservatee. Often a Probate Conservatorship lasts for the lifetime of the adult. LPS: A temporary LPS Conservatorship is effective for approximately 30 days from the date of appoint- ment unless extended by court action.

When can a conservatorship be terminated? If you are in a conservatorship, the court must receive a petition for termination and make an official court order to end the arrangement. Otherwise, the conservatee must pass away first or when the court investigator evaluates your case.

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Subtitle F—Establishment and Modification of Support Orders. Sec. 351. The paperwork is called the Decree and Order.

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Boston Massachusetts Decree and Order of Expansion-Modification-Limitation of the Powers of a Conservator