Cohen & Oalican, LLP; Medicaid, MassHealth and Elderlaw Attorneys in Boston, Andover, Raynham.
Welcome to the Uniform Probate Code cont'd
Priority of Appointment
The new statute directs judges to consider prioritizing the order of who should be appointed guardian or conservator. First, anyone named as agent under a durable power of attorney. Second, the spouse of the incapacitated person or a person nominated by will of a deceased spouse (or other writing of the spouse notarized and witnessed). Third a parent of the person or a person nominated in the parents will or other writing. In the case of a conservator, the court shall also consider who the protected person would like to appoint (if they have sufficient capacity to make an “intelligent choice”). The court is directed to consider this order of priority but the judge is not required to follow it if the court believes someone else would be best suited to serve as guardian or conservator.
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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