Attorney Hodgman has extensive experience in Massachusetts Probate Courts. Please contact the office to schedule a consultation if you need assistance in any of the following areas.
In Massachusetts Probate Court, a Special Proceeding may be commenced to: Affirm a Health Care Proxy, Remove a Health Care Agent; Override a Health Care Agent’s decision; or determine the validity of the Health Care Proxy.
Adults
A guardianship is the Court equivalent of a Health Care Proxy. It is a process governed in Massachusetts by the Uniform Probate Code whereby the Probate Court appoints a Guardian to make decisions following a determination that an Incapacitated Person is unable to properly manage their physical health, safety or self-care needs.
Minors
The Massachusetts Probate Court may appoint a guardian for a minor (anyone under the age of 18) if the minor’s parents are deceased or incapacitated; the parents consent; the parents’ parental rights have been terminated; the parents have signed a voluntary surrender; or the Court finds the parents, jointly or the surviving parent, to be unavailable or unfit to have custody.
A conservatorship is the Court equivalent of a Power of Attorney. It is a legal process governed in Massachusetts by the Uniform Probate Code whereby the Probate Court appoints a Conservator to make decisions following a determination that a Protected Person is unable to properly manage their financial affairs.