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Probate Law News
Probate And Family Court Announces The Implementation Of The New Standards For Category F Guardians Ad Litem/Investigators And Standing Order 1-05
The Probate and Family Court Administrative Office has announced that the new standards for Category F, Guardians ad Litem/Investigators will be effective on January 24, 2005. These standards will be applicable to all cases in which a guardian ad litem/investigator is appointed by a judge of the Probate and Family Court. The Standards become effective with the implementation of Standing Order 1-05, Standards for Guardians ad Litem/Investigators. The Probate and Family Court Administrative Office in conjunction with Massachusetts Continuing Legal Education, Inc., held five mandatory trainings for all guardians ad litem certified under Category F, pursuant to Supreme Judicial Court Rule 1:07. All guardians ad litem certified under Category F were required to attend one of the training sessions in order to receive further appointments under Category F. Some of the topics that were covered at the trainings include the importance of defining the roles of Category F guardians ad litem/investigators, the essential elements of the investigation including who to interview, what information should be included in the report, the importance of balancing children's rights to confidentiality vs. requesting waiver of the psychotherapy privilege and what to do when issues of mental illness, substance abuse, sexual abuse and domestic violence arise during the course of the investigation.
It Is Not Wise To Handle Probate Without A Lawyer
Probate is a very complicated and formal process. There are no requirements to use a lawyer, but it is not wise to do so. Even the smallest detail that is missed or left out can cause everything to come to a halt, exposing everyone to liability.
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Definition:
A legal agreement that authorizes someone to handle or share in handling the financial matters of another person. A "durable" power of attorney can continue to give power to another in handling financial matters after incapacitation has occurred.
Probate
Definition:
The process of settling your estate after you die, including paying creditors and heirs, and validating a will (if there is one).
Conservator
Definition:
A person or entity who is appointed by the court to exercise certain powers for the care of an incapacitated person, the person's estate, or both.
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