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Posts tagged "guardianship"

If You Do One Thing For Your Massachusetts Kids, Plan For Your Death

Definitions of a "good Massachusetts father" are as varied as there are goodEstate Planning 4.jpgfathers, but one thing everyone agrees with is that a good father is a responsible person. A father takes care of his children and keeps, to the best of his abilities, the world around his children in working order. Responsibility is the backbone of parenting, and in a society such as ours, where definitions of masculinity are entwined with notions of leadership and authority, a father is expected to leave no loose ends, nothing overlooked.

How to Avoid the High Cost of a Guardianship or Conservatorship in Massachusetts

It doesn't matter how young or healthy you are. Bad things sometimes happen toEstate Planning 6.png good people. Whatever your age or health, for example, you might be only one car accident away from ending up mentally incapacitated. Have you prepared to make the legal burden on your family as light as possible?

Special Immigrant Juvenile Status Proceedings in Massachusetts

Special Immigrant Juvenile Status (SIJS) is an immigration classificationImmigration 5.jpg available to certain undocumented immigrants under the age of 21 who have been abused, neglected, or abandoned by one or both parents. SIJS is a way for immigrants under twenty-one to apply for and obtain legal permanent residence in the United States.

ABLE Accounts for the Disabled Available in Massachusetts

Massachusetts launched its ABLE program, named The Attainable Savings Plan, to allow people who become disabled prior to age 26 to save money, tax-free, and have more financial freedom than they have had in decades.

Should Marijuana Use Matter in Massachusetts Child Custody Cases?

Marijuana 2.jpgThe little-noticed provision in the new Marijuana Legalization Law states that parents' marijuana use, possession, and cultivation can't be the primary basis for taking away custody or other parental rights like visitation - unless there is "clear, convincing and articulable evidence that the person's actions related to marijuana have created an unreasonable danger to the safety" of a child. 

How to Avoid a Guardianship or Conservatorship in Massachusetts

Hospital.pngLet's start off by saying that not all guardianships and conservatorships are bad. Guardianships and Conservatorships play a vital role in Massachusetts by allowing caretakers the means to make financial (Conservator of the Property) and health (Guardian of the Person) related decisions for those who are not able to do so any more and have no one else to speak for them.

Divorce Actions Involving Incompetent Parties

If a divorce litigant is incompetent, his legal representative, such as a general guardian, conservator or other fiduciary, may sue on behalf of the incompetent person. However, if the incompetent person has no such legally appointed representative then the domestic relations rules specifically allow a person acting as the incompetent's next friend to sue on his behalf.

Guardianship and Less Restrictive Alternatives

Guardianship is a legal means of protecting children and " incompetent adults" who cannot take care of themselves, make decisions that are in their best interest, or handle their assets due to a physical or mental disability. 

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