Cohen & Oalican, LLP; Medicaid, MassHealth and Elderlaw Attorneys in Boston, Andover, Raynham.
Welcome to the Uniform Probate Code cont'd
Health Care Proxy vs. Guardians
The UPC clarifies that if there is a valid health care proxy in place, decisions made by the health care agent take precedence over those of a guardian. In addition, a guardian cannot revoke a health care proxy without court authority. However, a conservator can revoke a durable power of attorney and a conservator’s decisions take precedence over the attorney in fact.
Monitoring
Responsibilities
Guardians must now maintain “sufficient contact with the person to know of his or her capacities, limitations, needs, opportunities and physical and mental health”. Arguably this was true under the old guardianship statue, having it stated clearly is an important change to the statute. Although guardians now only deal with the person, if there is no conservator in place a guardian take care of the person’s personal property and commence a conservatorship proceeding if necessary to protect their property.
This 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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