06.29.09
Effect of MUPC on Old Cases
By new Standing Order 02-09, the Probate and Family Court has announced how it will apply the new law to guardian and conservator appointments made before July 1, 2009.
Guardians of both the person and estate (plenary guardianship) will going forward be considered both guardians and conservators. When the matter is next before the court, a new case file will be opened for the conservatorship. Guardians of the estate only will be treated as conservators. No new filings are required to maintain the authority of the guardian or conservator.
However, if a guardian seeks a new admission to a nursing home, authority must be sought from the court by a Petition to Expand- Modify- Limit the Powers of a Guardian (MPC 201). Admissions made prior to July 1 will be valid without further authorization, even through any temporary hospitalization.
Guardians, whenever appointed, will be required to file an Annual Report describing the incapacitated person’s condition, care, supervision, and visits (Form MPC 821). While new appointments will be automatically monitored for reporting compliance by the new MassCourts computer system, older cases will be reviewed and entered into the monitoring system when the cases are next before the court.
Conservators (including former guardians of the estate) continue to be required to file annual accountings. Older cases will be reviewed and entered into the monitoring system when the cases are next before the court. In addition to being monitored, conservators will be expected to file and present accounts for allowance annually.
Upon request, Letters of Guardianship or Letters of Conservatorship will be issued in place of old certificates of appointment.