http://www.massprobatecode.com Massachusetts Uniform Probate Code Tue, 20 Apr 2010 16:01:12 +0000 http://backend.userland.com/rss092 en The Wall Street Journal reported today that the U.S. Senate will not vote to extend estate taxes before they are scheduled to go away (for a year) on January 1.  As a result, under the 2001 tax reform, there will be no federal estate tax due for deaths in 2010, ... http://www.massprobatecode.com/2009/12/17/estate-tax-extension-fails-in-senate/ The House of Representative voted on Dec. 3 to permanently extend the current $3.5 million estate tax threshold and 45% tax rate on estates exceeding that amount.  The Senate has until Dec. 31 before federal estate taxes go away for a year and then come back with an exemption of ... http://www.massprobatecode.com/2009/12/04/us-house-votes-to-extend-estate-tax/ Guardians don't have authority to admit their incapacitated persons to nursing facilities without specific authority from the Probate and Family Court. But, what if a hospital needs to discharge a patient under guardianship to short term rehab?  The definition of "nursing facility" in the Code would seem to include rehabilitation ... http://www.massprobatecode.com/2009/10/22/nursing-home-admission-by-guardian/ In Massachusetts medical certificates have a life of 30 days. One must be filed with a guardianship/conservatorship petition and one must be on file at the time of hearing.  If either is stale, the case cannot go forward. As an aside, our new certificate is being touted to other states ... http://www.massprobatecode.com/2009/10/17/medical-certificates-how-many-days-in-the-life/ A special conservator can be appointed in either of 2 situations. First, when the appointed conservator or temporary conservator is not performing duties (5-412A(c)). If a conservator has abandoned the protected person or is not attending to his funds, or not filing proper accounts, the court has this power which ... http://www.massprobatecode.com/2009/09/29/special-conservators/ The Code makes it clear that guardians are for the care of the person and conservators are to manage their the property.  But it also says that anyone having money or personal property due a minor can pay up to $5,000 to a guardian (among others) if he is not ... http://www.massprobatecode.com/2009/09/29/can-guardians-manage-any-money/ This year a major reform of probate and guardianship law was enacted in Massachusetts. Aside from its major target of simplifying probate and providing more protection for incapacitated persons, the new Massachusetts Uniform Probate Code brings some subtle changes which should be understood by the retail banking community. Beginning July 1, ... http://www.massprobatecode.com/2009/08/13/guardianship-reform-a-briefing-for-bankers/ Beginning July 1, 2009 Medical Certificates and Clinical Team Reports will be impounded and not available to the public.  They will be available to interested persons who make a written request (MPC 303), the respondent, attorneys having filed an appearance and guardians ad litem.  See new Standing Order 01-09. If ... http://www.massprobatecode.com/2009/06/29/impoundment-of-guardianship-records/ 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 ... http://www.massprobatecode.com/2009/06/29/effect-of-mupc-on-old-cases/ The Probate and Family Court has published new guardianship and conservatorship forms on its website.  The forms will be required for filings made after July 1, 2009.  The forms posted so far include Petitions, Medical Certificate, and Instructions for Clinicians.  Additional forms will be posted very shortly. Note that for any ... http://www.massprobatecode.com/2009/06/29/probate-and-family-court-issues-new-guardianship-forms/