A Couple More Massachusetts Blogs for Your Blogroll

In the nearly two years I have been absent from the blogosphere (from November of 2009 until today), I have noticed a number of good Massachusetts legal blogs that either weren't around before, or just hadn't caught my attention yet. There are in particular two I would suggest that you check out, and add to your blogroll as well: 1) Scaling the Summit: A Family Law Blog. This blog is primarily

Men As Caregivers

There was an interesting blog post by Leanna Hamill at the Massachusetts Estate Planning and Elder Law Blog yesterday commenting on a recent report that more men have in recent years taken on caregiving roles for aging parents or other relatives: Massachusetts Estate Planning and Elder Law: More Men Taking Over the Caregiving Role. It's interesting to see that just as men have become more active

WHO CAN BE A LEGAL GUARDIAN?

• Relatives

• Family friends

• Any other trusted Adult

A Guardianship is a legal action in which a party files a Petition for Guardianship with the Probate court in the County of residence where the person/minor is found.

This Petition comes before the court and the Judge can approve the Petition so that
An Adult (other than the Parent) is given the authority to physically care or handle the property/assets of a minor, once the proper notice to relatives has been given. The court may not approve your Petition if you have been convicted of a felony, you can’t manage money or you are charged with abusing or neglecting a minor.

A Guardian shall serve in the capacity of a Guardian until released by the Court. This can occur when the minor reaches the age of 18 or earlier if the Guardianship is terminated by the Court.

In California, the means by which you can obtain a Guardianship is through the appointment of a person by a Judge. Informally signing an agreement/or naming someone in your will giving a third party guardianship does not automatically make that person your child’s guardian.

There are two types of Guardianships or powers your Petition can request.

• Guardianship of the Person (Custody)

• Guardianship of the Estate (Property)

A Guardianship of the Person gives an adult the authority to take custody/care of the child such as enrolling is school or obtaining medical care.

A Guardianship of the Estate maybe necessary in order for an Adult/third party to manage a minor’s money/property/other assets that are in the sum of over $5,000.00, obtained through inheritance, insurance proceeds or if the minor will receive benefits from an agency that requires a guardianship of the Estate before dispensing any benefits due the child.

A court will consider the proposed Guardian carefully before appointing that person. An investigation of the proposed Guardian will take place and a report will be provided to the court. Judges have discretion when deciding who to appoint as a Guardian and are given guidelines provided by the Family Code such as sections 3040 and 3041.


The Order of Preference for appointing a Guardian of the Person is:

1. To Parents, if available.
   
   
2. Person with whom the minor has been living in a wholesome, steady and secure environment.
   
   
3. Other adult who can provide care and guidance to the minor pursuant to California Probate Code Section 1514.
   

Once you are appointed you must keep accurate records of any and all money and property you have managed for the minor and you will need to provide an accounting to the court. You can be removed as a Guardian if you fail to file your accounting as required. The required format is found in the probate code.

Massachusetts Legislature Acts to Reform Child Abuse Laws, Prevention Measures, and Bureaucracy

Here's the best article I could find on the very important bill passed by the Massachusetts House and Senate on Tuesday, reforming child abuse laws and prevention within this state: Worcester Telegram and Gazette, by John Monahan: Child abuse protections approved/Legislature redefines laws, intervention. (It is interesting that when both the Boston Globe and the Worcester Telegram and Gazette -

Britney to Pay $400K to Various Lawyers

People Magazine reports that Britney Spears was just ordered to pay $400,000 to several lawyers working in various ways to manage the never-ending Britney Disaster. For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Single Parenting Costs Over $112 Billion Per Year in Taxes, Study Claims

As recently reported by the Associated Press, a new study, by Georgia State University economist Ben Scafidi, and sponsored by several "marriage movement" groups, including the New York-based Institute for American Values, purports to show that divorce and unwed childbearing costs Americans over $112 billion a year in extra taxes. But after my initial, very quick review of the report, I believe

Still More On Proposed Joint Custody Presumption

After coming out against the proposed shared custody presumption last month, the Boston Globe has just this past week, on March 11 - in a welcome, even-handed gesture - published an opinion piece by a lawyer in favor of the presumption: Don't leave fathers out of custody cases - The Boston Globe. Penned by attorney Rinaldo Del Gallo III, this op-ed article makes his case for the proposed joint

Divorce and Estate Planning

All individuals who happen to be going through divorce should get an estate planning attorney to prepare for the future by helping them to plan and draft some basic estate planning documents, usually at or near the end of the divorce process. In fact, it is best to see an estate planning attorney before the divorce judgment becomes final. For an excellent primer on this issue, please read the

Fairness for Fathers -The Boston Globe Weighs In, But Doesn't Really Get It

The Boston Globe yesterday opined on the shared parenting bill, introduced by State House Representative Colleen Garry, a Dracut Democrat, and cosponsored by about 50 other legislators, including many of the legislature's most thoughtful and courageous members, as well as the progressive Fathers & Families organization. In A fair role for fathers - The Boston Globe, the Boston Globe

Guardian ad Litem or Attorney for the Child?

The Family Law Prof Blog yesterday issued the following post, which in discussing a recent Iowa appellate case also pointed to several other useful sources that explore some issues regarding the appropriate roles of, and distinctions that should be made between, guardians ad litem, appointed by courts to investigate issues in custody and abuse and neglect cases, and lawyers appointed to represent

Governor Patrick Issues Executive Order Creating Watchdog Child Advocate Office

Gov. Patrick is to create an Office of the Child Advocate that will track cases of child abuse and neglect, and that will oversee the Department of Social Services, Department of Youth Services, and other agencies with responsibilities relating to children. This is a good idea, especially given the problems we have had with the performance of our state agencies. Such oversight authorities have

Natural Parents, De Facto Parents, Psychological Parents, and Confusion in the Courts

Natural parents get custody of their children if they are fit parents. It's a pretty simple rule, and it is a basic rule of family law. But sometimes even the judges get confused on this one.I just read the post West Virginia Mother Wins Back Legal Custody From … Babysitters in the Florida Divorce Law Blog, which described an unusual West Virginia Supreme Court case (for more, see the West