Thursday, October 22, 2009

Cohen & Oalican simplify Uniform Probate Code in Part 2 of the series.

Terminology

The UPC has revised some of the outdated terminology used under our old guardianship statute. The new definitions provide more meaningful descriptions which are more consistent with the purpose of the statute. Below are some of the more important changes.

Guardians/Conservators

Under the old statute a guardian could be appointed over both the person and the property. Now under the UPC , guardians only have authority over the person and conservators only have authority of the estate. The UPC has eliminated guardians of property. Article V provides separate parallel sections describing the powers and responsibilities of both guardians and conservators.

This is a series, brought to you by Boston Attorneys Cohen & Oalican, LLP, specializing in Guardianship and Conservatorship Attorneys in Boston. Posted by Elder Law Boston Lawyer.

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