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Massachusetts Juvenile Court Standing Order 1-09: Application of G. L. c. 190B, Article V to Guardianship of a Minor Cases Pending On July 1, 2009 or With a Decree Issued Prior Thereto

[Disclaimer]

On July 1, 2009, certain provisions of the Massachusetts Uniform Probate Code, G.L. c. 190B (Code), become effective. The provisions are primarily contained in Article V of the Code, Protection of Persons under Disability and Their Property. The Code significantly reforms the practice of guardianship law.

The Massachusetts Uniform Probate Code applies to any guardianship case:

(a) where a permanent decree has previously entered and the guardianship has not terminated;

(b) pending on July 1, 2009 without a permanent decree having entered; or

(c) commenced on or after July 1,2009. Accordingly:

1. PENDING CASES WITH NO PERMANENT DECREE

Any Petition for Guardianship of the Minor pending before July 1, 2009 does not require amendment or the filing of a new petition.

2. CASES WHERE A GUARDIAN OF THE MINOR WAS APPOINTED BEFORE JULY 1, 2009

A. Issuance of Letters of Appointment.

When any party seeks a certified copy of the Decree appointing the guardian of the minor, Letters of Appointment of Guardian shall issue in accordance with the prior Decree and encompass duties and responsibilities set forth in the Code.

B. Reporting Requirements

Guardians of minors are required, at a minimum, to file a report on the condition of the minor and the condition of the estate of the minor within one year following the anniversary date of their appointment, but no later than July 1, 2010, whichever comes first. Whenever any guardian of the minor is before the court, the court shall ensure the timely filing and review of any and all reports.

Adopted June 22, 2009, effective July 1, 2009.