Wednesday, March 26, 2008

New Medical Certificate in Guardianship

The Mass. Probate and Family Court announced today a new form for medical certificate in guardianship cases which must be used beginning April 15, 2008. "While the form is long, it will provide judges with the information they need in making the important decision of whether to interfere with the fundamental liberty interest of an individual to make decisions for themselves, in whole or in part, by entering a guardianship decree."

Thanks to Leanna Hamill's Massachusetts Estate Planning and Elder Law blog for bringing the new form to our attention last week. She writes, "The old form was 2 pages, and consisted mostly of blank lines, which left it up to the doctor filling the form to come with what information he or she thought was needed. The new form is 8 pages, and requires much more detailed information from the doctor. It also requires the doctor to specify whether a limited guardianship or a full guardianship is needed. "