HOUSE DOCKET, NO. 2443        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1591

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Bradley H. Jones, Jr.

_________________

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 providing protections against predatory guardianship.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Bradley H. Jones, Jr.

20th Middlesex

1/17/2023

Nicholas A. Boldyga

3rd Hampden

1/26/2023

Susan Williams Gifford

2nd Plymouth

1/26/2023

F. Jay Barrows

1st Bristol

1/26/2023

Kimberly N. Ferguson

1st Worcester

2/1/2023

Alyson M. Sullivan-Almeida

7th Plymouth

2/9/2023


HOUSE DOCKET, NO. 2443        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1591

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1591) of Bradley H. Jones, Jr., and others for legislation to further regulate guardianship.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

An Act providing protections against predatory guardianship.

 

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

SECTION 5-304 of Chapter 190B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subdivision (7) and adding in place thereof the following subdivision:-

(7) the person’s legal counsel, if counsel is retained by the person.

Said section 5-304 is further amended by adding the following subdivision:-

(8) any other person as directed by the court.

Said section 5-304 is further amended by adding the following subsection:

(e) The notice shall inform the person alleged to be incapacitated or person to be protected of their legal rights, including the right to legal representation and the right to be present at any and all hearings in person.

SECTION 5-305 of Chapter 190B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subdivision (3) of subsection (c) and inserting in place the following subdivision:-

(3) any other person the court deems appropriate who is certified as a National Certified Guardian by the Center for Guardianship Commission within 6 months after his or her appointment.

SECTION 5-309 of Chapter 190B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “decision-making” in line 36 the following words:-

“, as well as related expenses charged by the guardian to the incapacitated person’s estate;”