Sunday, July 20, 2008

Massachusetts Uniform Probate Code

To: Mass. Senate Ways & Means Committee

On behalf of our Commonwealth’s elderly and disabled adults – hundreds of whom every year do not have legal representation when faced with losing their independence through guardianship— we urge you to pass the Massachusetts Uniform Probate Code, including Article V on Guardianship (S843 and H 1652/1633) and send it to the full Senate.

This legislation is not controversial; it is consistent with guardianship bills that 13 states passed last year, including New England neighbors Connecticut and Rhode Island.

The legislation – supported by groups including Greater Boston Legal Services, the Boston Bar Association and the Massachusetts Bar Association – would fully protect individuals faced with guardianship by giving them a right to legal counsel. The Massachusetts’ Uniform Probate Code also ensures that elderly or disabled adults have the opportunity to be present at their guardianship hearings, and requires that the Court find that the guardian is qualified before appointment.

The proposed legislation states that a guardian cannot admit a ward to a nursing home without specific Court approval. Without passage of S843 and H1652/1633, this basic safeguard does not exist. After more than a decade of consideration by the Massachusetts Legislature, we respectfully ask that you do not delay this any further. Thank you.

If you are a resident of MA, we need your signature on this petition.

Pass Mass. Guardianship Legislation Now

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