Hi,
Can you explain the laws around renting your apartment to people with children or looking to have childre....
There are many posts on this forum dealing with MA lead paint law, inc....
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5/21/2012 08:05 by dare2dream |
I am sole guardian for my special needs child. They have visitation with their father. He is not communicating....
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5/21/2012 07:48 by melelllan |
We have been awarded a $200,000 judgement in a probate matter that has gone on for years. The execeutor of my ....
I understand your desire to get a second opinion on this matter. ....
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5/20/2012 16:20 by massconfusion27 |
I received a Summons in the Mail to appear in Court in June for a B & E misdemeanor. I went to the Police Depa....
The answers to your questions are as follows: (1) The police departmen....
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5/19/2012 22:26 by completelyconfused |
The Massachusetts Public Health Council just approved new regulations (105 CMR 309) intended to give healthcar....
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5/18/2012 10:42 by The Editor |
I'm supposed to go to my SSDI hearing next week before an administrative law judge and I'm getting very nervou....
You didn't say if you have an attorney or not. If you do not, yo....
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5/17/2012 06:49 by TinaW |
I'm thinking about filing bankruptcy but my situation is so bad that I'm worried about not be able to recover ....
I've just consulted my crystal ball and the answer is . . . . &nb....
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5/16/2012 07:31 by Tarrant |
My brother is the power of attorney for my elderly mother. She is demented and often confused about her finan....
Yes, nothing to worry about. The terms Power of Attorney and Att....
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5/14/2012 06:51 by AABates |
I was driving in Boston during rush hour and I hit a guy who was listening to an ipod with earplugs. He walke....
Apparently, this is a huge problem, especially among young men. ....
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5/13/2012 07:23 by Worried4 |
Hello. In Massachusetts let’s say I’m paying say $8,000 a year in Child Support to 23. Under the agreemen....
If your Agreement says you should pay child support until the child is....
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5/4/2012 22:18 by divorced_with_children |
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
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10/2/2011 18:37 by Anonymous |
Editor's Response
Under the new Massachusetts Uniform Probate Code (the "Code," which a I believe will be found in Massachusetts General laws Chapter 190B), a conservator and a guardian are now considered two separate things, typically two separate appointments with very different duties.
The Code defines a conservator as "a person who is appointed by a court to manage the estate of a protected person." In other words, this person takes care of a person's property, business affairs, and finances. Under the Code, a conservator may be appointed if "the person is unable to manage property and business affairs effectively because of a clinically diagnosed impairment in the ability to receive and evaluate information or make or communicate decisions, even with the use of appropriate technological assistance, or because the individual is detained or otherwise unable to return to the United States; and the person has property that will be wasted or dissipated unless management is provided or money is needed for the support, care, and welfare of the person or those entitled to the person’s support and that protection is necessary or desirable to obtain or provide money”.
A guardian, on the other hand, is defined in the code as a "person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment[.]" Under the Code a guardian may be appointed to take care of the 'person', not her property. The Code allows for guardians to be appointed for a person "who for reasons other than advanced age or minority, has a 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 physical health, safety, or self-care, even with appropriate technological assistance”
Hope that clears it up a bit.