Bill > H3607

This bill proposes to create a new section in Massachusetts General Laws Chapter 190B, specifically section 5-308A, to establish a process for appointing temporary guardians for individuals alleged to be incapacitated, meaning they are unable to manage their personal or financial affairs. The bill outlines that any interested person can petition the probate and family court, district court, or superior court to appoint a temporary guardian. Upon receiving such a petition, the court must within five days convene a special tribunal consisting of a judge, a physician selected from a list provided by the Massachusetts Psychiatric Society (who must practice outside the petitioner's county), and an attorney selected from a list provided by the Massachusetts Bar Association. The petition must detail the incapacitated person's information, proposed residence, the reasons for the guardianship, the specific harm to be avoided, the proposed guardian's qualifications, the type of guardianship requested, and any existing healthcare proxies or durable powers of attorney. Within 48 hours of convening, the tribunal will hold a hearing where the petitioner must prove that failure to appoint a temporary guardian will likely cause real harm to the person's health, safety, or welfare. If this is established by clear and convincing evidence, the tribunal will issue an order for a temporary guardian, whose powers will be limited to those specified in the order and will expire after 60 days or upon a final guardianship determination. The person alleged to be incapacitated has the right to legal representation, to testify, present witnesses, and cross-examine, and the rules of evidence are relaxed for these hearings. The bill also mandates that the person alleged to be incapacitated receive written notice of the hearing two days in advance and clarifies that appointing a temporary guardian is not a final declaration of incapacity.