HOUSE DOCKET, NO. 2256        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1554

The Commonwealth of Massachusetts

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PRESENTED BY:

Angelo M. Scaccia

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act establishing a special commission on adult guardianship and conservatorship practices.

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PETITION OF:

HOUSE DOCKET, NO. 2256        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1554

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act establishing a special commission on adult guardianship and conservatorship practices.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

(a) Notwithstanding any special or general law to the contrary, there shall be a special commission established pursuant to section 2A of chapter 4 to conduct a study on adult guardianship and conservatorship practices in the commonwealth. The commission shall consist of 13 members, 1 of whom shall be the secretary of elder affairs or the secretary's designee; 1 of whom shall be the commissioner of the department of developmental disabilities or the commissioner's designee; 1 of whom shall be the chief justice of the probate and family court or the chief justice's designee; 2 of whom shall be members of the house of representatives to be appointed by the speaker of the house; 1 of whom shall be member of the house of representatives to be appointed by the minority leader of the house; 2 of whom shall be members of the senate to be appointed by the senate president; 1 of whom shall be a member of the senate to be appointed by the senate minority leader; 1 of whom shall be appointed by Guardianship Policy Institute; 1 of whom shall be appointed by the Center for Public Representation; and 2 of whom shall be appointed by the governor, 1 of whom shall be from among at least three names submitted to the governor for consideration by the National Association to Stop Guardianship Abuse, and 1 of whom shall currently serve as a guardian.

(b) The study shall include, but not be limited to:

(i) the identification of unmet needs in the commonwealth's adult guardianship and conservatorship systems, including how best to meet the needs of adults of diminished capacity who lack financial resources or family or friends;

(ii) the identification, prevention and, remedying of guardianship and conservatorship abuses;

(iii) when and how it is appropriate for guardians and conservators to collect fees;

(iii) a review of alternatives to guardianship, including supportive decision-making, and how the system and our laws can encourage use of these alternatives, where appropriate; and

(iv) a review of the most recent Uniform Law Commission's Adult Guardianship and Protective Proceedings Jurisdiction Act, and whether the special commission established under this act would recommend the adoption and implementation of some or all of the uniform law's provisions in the commonwealth.

(c) The commission shall file the findings of its study by July 31, 2019, with the clerks of the house and the senate, who shall forward a copy of the report to the chairs of the house and senate committees on ways and means and the house and senate chairs of the joint committee on the judiciary.