A conservator is appointed by the court to manage a protected person’s property. A protected person is someone who is clinically diagnosed to be unable to manage property, and whose property may be wasted unless a conservator is appointed.
The Massachusetts Probate and Family Court has jurisdiction over conservatorship proceedings, under Part 4 of Mass. General Laws, Chapter 190B, the Massachusetts Uniform Probate Code.
A petition for conservatorship must be filed with a medical certificate, signed by a qualified medical expert, indicating that the individual’s capacity is so impaired that a conservator is needed to avoid waste, dissipation or financial exploitation.
What is a conservator?
Who has the right to plan my funeral?
August 1, 2011 | by Attorney Jennifer Taddeo:
The goal of estate planning, for most people, is to arrange their affairs in a way that will benefit their families, and allow their family to flourish after their death. Most of us are not contemplating our loved ones fighting over where and how our body is laid to rest. Sadly, this does happen, and can continue for years after a death, as illustrated by a recent piece on National Public Radio and, as many of us remember, the very public family disagreements following Red Sox legend Ted Williams’ passing.
In Massachusetts, a person’s “next of kin” has the right to dispose of his or her remains. This means that a spouse – even an estranged spouse – will have this control. If there is no surviving spouse, adult children, collectively, will have this right. The control then moves to parents, siblings, and continues on, perhaps to distant relatives if there are no close surviving relatives.
If a deceased person resided in one state but owned property in another state, which laws determine who will inherit the property?
If the person had a valid will, the will determines how the person’s property will pass. Each state has its own requirements for execution of a will, but all states accept a will that complies with the laws of the state where the person resided when the will was signed.
If a person dies intestate (without a valid will), the laws of the state of residence determine who will inherit personal property. “Personal property” is all property that is not real estate (cash, bank accounts, stocks, bonds, furniture, cars, collections, jewelry, etc.). This rule applies to all personal property located in any state. For example, if a Mass. resident had bank accounts in Florida, the funds in the Florida accounts will pass according to Mass. law.
Attorneys in Franklin Massachusetts and Medfield MA lawyers
The Massachusetts attorneys of Doherty, Ciechanowski, Dugan & Cannon provide legal services to Massachusetts businesses, families, and individuals in the practice areas of business law, criminal defense, divorce and family law, employment law, estate planning, personal injury, real estate, and litigation matters.
Our attorneys represent clients throughout Massachusetts and in every county of Massachusetts including Norfolk County, Suffolk County, Worcester County, Bristol County, Middlesex County, Plymouth County, Hamden County, Essex County and Barnstable County. Our attorneys represent clients in Massachusetts’ largest communities including the cities of Boston, Worcester, Springfield, Lowell, Cambridge, Brockton, New Bedford, Fall River, Lynn, and Quincy.
Our law offices are located in Franklin and Medfield and serve the Greater Boston MetroWest region and the neighboring towns of Bellingham, Milford, Upton, Hopedale, Holliston, Medway, Millis, Medfield, Norwood, Walpole, Sharon, Foxborough, Wrentham, Easton, Mansfield, North Attleboro, Norton, Plainville, Raynham, Taunton, Attleboro, Seekonk, Rehoboth, Uxbridge, Whittensville, and Worcester.
