HOUSE DOCKET, NO. 2657        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1573

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Paul F. Tucker

_________________

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 to establish an office of adult decisional support services.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Paul F. Tucker

7th Essex

1/17/2019

Angelo J. Puppolo, Jr.

12th Hampden

1/24/2019

Steven Ultrino

33rd Middlesex

1/25/2019

Paul Brodeur

32nd Middlesex

2/1/2019

Brendan P. Crighton

Third Essex

1/31/2019

Marjorie C. Decker

25th Middlesex

1/29/2019

William J. Driscoll, Jr.

7th Norfolk

2/1/2019

Michael J. Finn

6th Hampden

1/30/2019

Sean Garballey

23rd Middlesex

2/1/2019

Denise C. Garlick

13th Norfolk

1/31/2019

Carlos González

10th Hampden

2/1/2019

Tami L. Gouveia

14th Middlesex

1/31/2019

Jonathan Hecht

29th Middlesex

1/31/2019

Natalie M. Higgins

4th Worcester

1/30/2019

Daniel J. Hunt

13th Suffolk

1/30/2019

Louis L. Kafka

8th Norfolk

1/28/2019

Kay Khan

11th Middlesex

1/30/2019

John J. Lawn, Jr.

10th Middlesex

1/30/2019

David Henry Argosky LeBoeuf

17th Worcester

1/31/2019

Jack Patrick Lewis

7th Middlesex

2/1/2019

Jason M. Lewis

Fifth Middlesex

1/29/2019

David Paul Linsky

5th Middlesex

1/29/2019

Joan B. Lovely

Second Essex

1/31/2019

Elizabeth A. Malia

11th Suffolk

2/1/2019

Joseph W. McGonagle, Jr.

28th Middlesex

1/29/2019

Paul McMurtry

11th Norfolk

1/31/2019

Mathew J. Muratore

1st Plymouth

1/30/2019

Tram T. Nguyen

18th Essex

2/1/2019

Denise Provost

27th Middlesex

1/31/2019

Maria Duaime Robinson

6th Middlesex

2/1/2019

David M. Rogers

24th Middlesex

1/29/2019

John H. Rogers

12th Norfolk

2/1/2019

Tommy Vitolo

15th Norfolk

1/30/2019


HOUSE DOCKET, NO. 2657        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1573

By Mr. Tucker of Salem, a petition (accompanied by bill, House, No. 1573) of Paul F. Tucker and others for legislation to establish an office of adult decisional support services within the Trial Court.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act to establish an office of adult decisional support services.

 

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

SECTION 1. The General Laws are hereby amended by inserting after section 9B of chapter 211B the following section:

(1) There is hereby established an office of adult decisional support services (the “office”) within the executive office of the trial court, whose purpose is to implement legal and ethical standards for adult decisional support services in the Commonwealth, including the services of guardians and conservators appointed under Article V of Chapter 190B of the General Laws of the Commonwealth (hereinafter, “Article V”), and voluntary services provided through alternatives to judicial appointment. The goals of the office are to promulgate practice standards for all such services that are based on recognized best-practices; to ascertain and report on the adequacy of public and private resources for decisional support in Massachusetts, particularly for the indigent; and to develop oversight and accountability procedures to prevent potential errors or abuses by decisional fiduciaries.  

(2) The office shall be directed by a judicial administrator of decisional support (the “judicial administrator”), who shall be appointed by the chief justice of the trial court.  The judicial administrator shall have significant experience with the laws and clinical practices of decisional surrogacy within Massachusetts, and shall not be a sitting judge or magistrate of any court in any jurisdiction. The judicial administrator shall report to the chief justice of the trial court, and shall have such powers and perform such duties as said chief justice may from time to time prescribe. The judicial administrator may be removed by the chief justice of the trial court. 

(3)  The judicial administrator shall be an officer of the court and shall be authorized to communicate with judges and court personnel in all departments of the trial court, to have access to files and records in all cases involving protective proceedings for adults, and to establish and maintain a database of all judicial appointments for adults under Article V.  Any limitations on public disclosure imposed in any case so accessed shall apply to the judicial administrator, except to the extent that data may be de-identified in accordance with procedures established and directed by the chief justice of the trial court.

(4)  The judicial administrator shall, in his or her discretion, and subject to the direction of the chief justice of the trial court: review cases; develop databases; communicate with court personnel and decisional fiduciaries; submit reports; create media, materials and programs for the public; review relevant technology and communicate with judicial and administrative offices in jurisdictions outside of Massachusetts; propose administrative or judicial procedures or rules; develop, identify and/or designate training programs for guardians, conservators and other decisional fiduciaries; investigate and make recommendations as to the advisability of, and/or the means for, certifying decisional fiduciaries; and perform such other duties as the chief justice of the trial court shall direct.  The judicial administrator may, subject to appropriation, appoint or contract with such other personnel as he or she deems necessary for the efficient management of the office and the diligent performance of the duties described herein.

(5)  In the event that the judicial administrator discovers, pursuant to the normal discharge of the duties of the office, evidence of abuse, neglect, theft, breach of fiduciary duty or other wrongdoing to the person or property of someone who is decisionally-impaired and receiving decisional support, the decisional support administrator, may —

(i) petition to modify, discharge or terminate any appointment of a guardian, conservator or other judicially-appointed fiduciary;

(ii)file a complaint with an appropriate professional association, or with a state law enforcement or other investigative authority, seeking discipline of, or other remedy against, the decisional fiduciary, whether appointed judicially or through a voluntary instrument.

(6)  The judicial administrator shall establish an informal help and information process for decisional fiduciaries and those affected by such an appointment.