Tuesday, October 20, 2009

Cohen & Oalican,LLP Boston, Andover, Raynham address the Uniform Probate Code

Cohen & Oalican simplify Uniform Probate Code in Part 1 of the series.

Pt. 1
WELCOME TO THE UNIFORM PROBATE CODE
Introduction
Article V of the Uniform Probate Code (the UPC) was put into effect on July 1, 2009. The purpose of the UPC is to try to improve legal proceedings for incapacitated persons. These improvements address outdated terminology, shortfalls in protecting the legal rights of incapacitated persons and lack of monitoring by the courts. The statute embraces the basic idea that there are many degrees of incapacity and that the courts should carefully tailor the appointment of a guardian or conservator to the specific needs of the individual. The UPC instructs the courts to favor limited guardianships whenever possible. Although the law attempts to provide better court oversight for guardians and conservators with a new monitoring system, it remains to be seen whether this will be more true in theory than in practice. Regardless, all of the new changes reflect additional sensitivity and respect for individuals who are unable to manage their personal and financial affairs.

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.

No comments:

Post a Comment