Bill > S1102

This bill establishes a new medical panel system for the probate and family court department to provide expert medical guidance in complex cases involving guardianship, conservatorship, or custody of minors or incapacitated persons. The chief justice of the probate and family court will create a pool of licensed physicians with expertise in evaluating the medical capacities and needs of minors and incapacitated individuals, from which no fewer than three doctors will be selected when a medical examination is requested or ordered by the court. These medical panels will be required to conduct examinations and produce a detailed written report within 30 days, addressing specific questions about the individual's medical condition, including whether they have a clinically diagnosed condition that impairs their decision-making ability, whether the condition is likely to be permanent, and whether less restrictive care options exist. The physicians must be independent, have no prior treatment relationship with the individual, and provide a certificate confirming their findings were reached independently. The bill also allows for emergency medical evaluations and requires that court orders include specific findings about potential harm if relief is not granted. This system aims to ensure that court decisions involving vulnerable individuals are as medically informed as possible.

Budget and Finance, Justice

https://malegislature.gov/Bills/194/S1102