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Key Takeaways Guardianship does not automatically authorize every decision. In Rhode Island, a guardian’s authority depends on the court order, the type of guardianship, and the law governing the particular decision. Rhode Island favors limited guardianship when...
Key Takeaways Guardianship, custody, and adoption serve different legal purposes. Although all three involve caring for a child, they create very different legal relationships. Understanding those differences is essential before deciding which legal option is...
Key Takeaways A child's physical presence in Massachusetts does not automatically give a Massachusetts court jurisdiction over a guardianship case. In most interstate disputes, the court must first determine whether Massachusetts has authority to hear the case under...
Contempt is one of the primary enforcement tools in the law. In the Probate and Family Court, judges use it regularly to address noncompliance with court orders, whether those involve parenting time, communication, financial obligations, or other directives. It is a...
When a loved one becomes unable to manage their financial affairs due to age, illness, or disability, it can be a stressful and uncertain time. Conservatorship is one legal tool families can use to help protect the person’s financial interests and assets. What Is a...
Even if a person has a guardian, certain decisions must be made by a judge, not the guardian. Collectively, these decisions are referred to as “extraordinary” authority. Those that we see most commonly are related to treatment with anti-psychotic medication (the...
As of January 1, 2025, the updated Massachusetts Parentage Act (MPA) brings crucial legal protections for children and families. The law now ensures that all children, regardless of their family's formation, receive equal treatment. Since the original enactment of...
A recent Massachusetts appellate case discusses a grandparent's guardianship petition. In this case, a grandmother sought guardianship of her two minor grandchildren. The Appeals Court had to review whether it could offer any relief in this case. Here, the children...
New laws typically do not apply retroactively to cases that have come before its passage. Retroactive application arose recently in the context of juvenile delinquency law by the Supreme Judicial Court of Massachusetts. New juvenile delinquency law At the center of...
Caregiver, guardian and adoptive parent are terms in the lexicon describing adults who oversee the welfare of minor children. Each status, however, imparts different levels of responsibility for the minor’s well-being and varying degrees of court involvement. The...