THE UNIFORM PROBATE CODE - PART V

On January 15, 2009 the Uniform Probate Code was enacted by the Massachusetts legislature.

The purposes of the Uniform Probate Code are "to simplify and clarify the law concerning the affairs of decedents and missing persons; to discover and make effective the intent of a decedent in distribution of the decedent's property; to promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to the decedent's successors; to facilitate use and enforcement of certain trusts; to make uniform the law among the various jurisdictions."

Part V of the law, dealing with guardianships and conservatorships, became effective on July 1, 2009. The balance of the Uniform Probate Code, dealing with wills and the probate of estates takes effect on July 1, 2010.

The new provisions make many changes. We will be discussing these changes in later Notes and also in articles on our website - Haddletonlaw.com. We invite you to look there for information on the Uniform Probate Code and also on other matters having to do with taxation, life care planning, and Medicaid and estate planning.

Rather than the present "one size fits all" guardianship, the new law emphasizes tailoring a guardianship (care of the person) to fit the needs and recognize the abilities of the "incapacitated person" (formerly called the "ward.") Many people will be unable to do certain things, but may be entirely able to manage their lives in other areas, and the new guardianship provisions will emphasize what people are able to do.

If it is necessary for the disabled person to have someone take charge of his or her financial affairs, this is referred to as a conservatorship, and the person whose assets are being preserved is called the "protected person."

The incapacitated person or the protected person is entitled to be represented by counsel. The guardian or conservator is required to file accounts and reports with the probate court.

One of the key elements in the new law will be the participation of physicians, psychologists, and social workers. Judy Anthony, R.N., who is part of our firm, is a licensed social worker and will be assisting our clients in working with situations requiring the appointment of a guardian or conservator.