Bulletin - Hampshire County Probate and Family Court

COMMONWEALTH OF MASSACHUSETTSTHE TRIAL COURTPROBATE AND FAMILY COURT DEPARTMENTADMINISTRATIVE OFFICETWO CENTER PLAZA, SUITE 210BOSTON, MA 02108PAULA M. CAREYCHIEF JUSTICETel. (617) 788-6600Fax (617) 788-8995BulletinTO:FROM:All Justices, Registers, Judicial Case Managers, Assistant Judicial Case Managers,First Assistant Registers, Assistant Registers, Chief Probation Officers and FamilyLaw FacilitatorsHon. Paula M. Carey, Chief JusticeDATE: August 12, 2008RE: Justices’ Bulletin #2008-10Registers’ Bulletin #2008-9Judicial Case Managers Bulletin #2008-9Assistant Judicial Case Managers’ Bulletin #2008-9First Assistant Registers’ Bulletin #2008-9Assistant Registers’ Bulletin #2008-9Chief Probation Officers’ Bulletin #2008-9Family Law Facilitators’ Bulletin # 2008-1PETITION FORGUARDIANSHIPAttached is the new Petition for Guardianship of mentally disabled and/or physicallyincapacitated persons (CJ-P 110).This new petition is designed to protect proposed wards, including elderly persons, and toensure that judges have the information they need in order to craft a guardianship, if appropriate, thatinterferes with an individual’s personal liberty only to the extent necessary. The effective date of thenew petition is September 1, 2008.The detailed information to be provided on the petition requires disclosure about theproposed ward’s individual circumstances, his or her estate, where and with whom the proposedward lived during the last sixty (60) days, his or her expected future residence, and a list of his or herheirs at law.The petition must indicate the grounds for the guardianship: mental illness, mentalretardation, or physical incapacity or illness of the proposed ward; the reason why a guardianship isnecessary; and, whether the guardianship can be limited in any manner. The petitioner(s) mustdesignate whether a full or limited guardianship is sought and must define the scope of theguardianship.

Petitions for limited guardianship rather than full guardianship are encouraged, if possible, inorder to fully protect the ward’s individual autonomy and personal liberty interests.The rollout of this new petition builds on the protections put in place with the introduction ofa new Medical Certificate by the Probate and Family Court on April 15, 2008.If you have any questions, please contact Attorney John H. Cross or Attorney Jocelynne D.Welsh at the Administrative Office of the Probate and Family Court Department at(617) 788-6600.AttachmentPMC/kmr