SENATE DOCKET, NO. 2552        FILED ON: 3/24/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2471

The Commonwealth of Massachusetts

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PRESENTED BY:

Anne M. Gobi

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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 relative to the appointment of guardians ad litem in the housing court.

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PETITION OF:

SENATE DOCKET, NO. 2552        FILED ON: 3/24/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2471

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to the appointment of guardians ad litem in the housing court.

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

Chapter 185C of the Massachusetts General Laws shall be hereby amended by adding at the end thereof, the following new sections:

Section XX. Any judge of the housing court may appoint a guardian ad litem to investigate the facts of any proceeding pending in said court in which the judge finds need for such an independent investigation. Said guardian ad litem shall, before any hearing, trial, or colloquy, report in writing to the court the results of the investigation, with any recommendations, and such report shall be filed under seal but open to inspection to all the parties in such proceeding or their attorneys. The compensation shall be fixed by the court and shall be paid by the commonwealth, together with any expense approved by the court, upon certificate by the judge to the state treasurer. The state police, local police, and probation officers shall assist the guardian ad litem so appointed upon his request.

Section XX. Any judge of the housing court may appoint a guardian ad litem to assist in obtaining a clinical evaluation of a party’s competency, and to arrange for social services for a party, in any case for which the court has reason to believe an individual’s mental health, at least in part, forms the basis of any claims or causes of action in the case. Said guardian ad litem shall, before any hearing, trial, or colloquy, report in writing to the court the results of any investigation, with any recommendations, and as to the status of the case, and such report shall be filed under seal but open to inspection to all the parties in such proceeding or their attorneys. The compensation shall be fixed by the court and shall be paid by the commonwealth, together with any expense approved by the court, upon certificate by the judge to the state treasurer. The state police, local police, and probation officers shall assist the guardian ad litem so appointed upon his request.

Section XX. Any judge of the housing court may appoint a guardian ad litem and authorize the guardian ad litem to substitute the guardian ad litem’s judgment for any individual named or involved in the case, on a finding by clear and convincing evidence that said individual cannot meaningfully engage in the proceedings by reason of diminished mental capacity or incompetence. Once the judge has allowed a motion to use substituted judgment, or having so ordered sua sponte, the guardian ad litem shall not file reports with the court, his communications with the individual for whom his judgment is being substituted will be confidential and undiscoverable, and the guardian ad litem may advocate on behalf of the individual as the individual would, were it not for the individual’s mental limitations, but may not enter into a dispositive settlement on behalf of the individual without the judge’s specific order authorizing the settlement. The compensation shall be fixed by the court and shall be paid by the commonwealth, together with any expense approved by the court, upon certificate by the judge to the state treasurer. The state police, local police, and probation officers shall assist the guardian ad litem so appointed upon his request.