Cohen & Oalican, LLP; Medicaid, MassHealth and Elderlaw Attorneys in Boston, Andover, Raynham.
Terminology Continued
Incompetent/Incapacitated/Protected Person
Under the old statute, the court appointed a guardian or conservator if it found that the individual was “incompetent”. Now the court focuses on functional limitations instead. Specifically, the court looks to the person’s ability to process information and how that relates to their ability to make personal or financial decisions. A Guardian is appointed for an incapacitated person and a conservator is appointed for a protected person.
An Incapacitated person is a an individual who has as “clinically diagnosed condition that results in an inability to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for health, safety, self care, even with appropriate technological assistance.”
The term “ward” used to be used for anyone who had a guardian or conservator. Now ward is limited to a minor who has a guardian appointed.
The elimination of the term incompetent, hopefully will remove some of the stigma from this process.
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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