Legal Question in Elder Law in Massachusetts

Re: Rogers Guardianship in MA.

A Rogers Guardianship allows you to make medical decision and more. It goes above and beyond a regular guardianship in that you must follow specific procedures in probate court to get one granted. A Rogers guardianship is used to have the court order the administration of specific drugs to a person, even over their objection.

It is an expensive matter because it not only requires obtaining a medical certificate but a guardian ad litem, but the GAL here must specifically review and opine on the need for institution and/or continuation of anti-psychotic medication(s). This requires a personal visit with the ward, as well as a discussion with both the social worker and doctor.

It gets worse if the ward has a lot of assets, i.e., needs a court-approved estate plan, or has

access to some sort of trust (D4A or Special Needs). If there are little assets, the guardian will,

at a minimum, need to pursue public benefits on behalf of the ward. The expensiveness comes from the cost of the Doctor scial worker and GAL in addition to your legal fees.

Please feel free to contact me if you have more questions.

Re: Rogers Guardianship in MA.

Rogers Guardinaships only appoint persons to make medical decisions for an alleged incompetent; you may also consider petitioning to be appointed as a full legal guardian in order to handle his financial affairs and estate planning. A petition and surety will need to be filed with the probate court, and a guardian ad litem appointed for your father 9to act as an independent third party who investiagtes and submits a report to the Judge). Please contact my office if you would like us to represent you in this process.

Re: Rogers Guardianship in MA.

A Rogers guardianship is a guardianship of the person and estate of your father with the additional power to monitor the use of antipsychotic medication. Because this medication is considered "extraordinary medical treatment," obtaining a Rogers guardianship is a more involved process than usual and requires the presentation of a special affidavit from a doctor (preferably a psychiatrist or geriatrician) and a proposed treatment plan. The court will appoint an attorney to represent your father's interests and may also appoint an independent psychiatrist to review the proposed treatment plan.

The first thing I'd do is to go back to the lawyer who drafted the will and see if s/he has a copy of the power of attorney and health care proxy. They may be recent enough that they will be honored without too much of an argument.

Assuming that there are none, you should see an elder law attorney. The attorney will not only help you with the guardianship, but will also review your father's situation and advise you about how to properly protect his financial and legal interests as the court requires. Massachusett probate practice requires that guardianships be charged on an hourly basis.

Please feel free to contact me if I can be of assistance.