Posts tagged "Guardianship"

Guardianship of Duku Lado (Lawyers Weekly No. 10-178-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12143

GUARDIANSHIP OF DUKU LADO.

November 7, 2017.

Supreme Judicial Court, Superintendence of inferior courts.  Probate Court, Guardian.  Practice, Civil, Guardianship proceeding.  Guardian.

The petitioner, Betty Hinds, appeals from a judgment of a single justice of this court denying her petition pursuant to G. L. c. 211, § 3.  We affirm.

In her petition, Hinds asked the court to stay an order of the Suffolk Probate and Family Court appointing a temporary guardian for her adult son, Duku Lado.  In denying the petition, the single justice noted that Hinds had already sought the same relief in the Appeals Court and that a single justice of that court had denied the request without prejudice to Hinds first seeking a stay in the trial court.  Hinds instead filed her G. L. c. 211, § 3, petition.  Relief pursuant to G. L. c. 211, § 3, is available only in exceptional circumstances and when no other remedy is available.  Here, the single justice denied the petition essentially on the basis that Hinds did have an adequate alternative remedy — that is, to seek a stay in the trial court and then, if the request were denied, to challenge  that denial, or perhaps make a fresh request for a stay, in the Appeals Court. read more

Posted by Stephen Sandberg - November 7, 2017 at 6:48 pm

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Guardianship of Yosselin Guadalupe Penate; Department of Revenue v. Lopez, et al. (Lawyers Weekly No. 10-102-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12138

SJC-12184

GUARDIANSHIP OF YOSSELIN GUADALUPE PENATE.

DEPARTMENT OF REVENUE[1]  vs.  MANUEL MORALES LOPEZ & another.[2]

Suffolk.     January 6, 2017. – June 9, 2017.

Present:  Gants, C.J., Lenk, Hines, Gaziano, Lowy, & Budd, JJ.

Alien.  Probate Court, Jurisdiction.  Jurisdiction, Probate Court.

Petition for appointment of a guardian filed in the Suffolk Division of the Probate and Family Court Department on September 14, 2015.

A motion for special findings of fact was heard by Virginia M. Ward, J. read more

Posted by Stephen Sandberg - June 9, 2017 at 2:56 pm

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Guardianship of K.N. (Lawyers Weekly No. 10-057-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12195

GUARDIANSHIP OF K.N.

Suffolk.     December 6, 2016. – April 13, 2017.

Present (Sitting at Lawrence):  Gants, C.J., Botsford, Lenk, Hines, Gaziano, Lowy, & Budd, JJ.[1]

Probate Court, Guardian, General equity power.  Constitutional Law, Assistance of counsel.  Due Process of Law, Assistance of counsel.  Practice, Civil, Guardianship proceeding, Assistance of counsel.

Petition for appointment of a guardian for a minor child filed in the Suffolk Division of the Probate and Family Court Department on November 4, 2005. read more

Posted by Stephen Sandberg - April 13, 2017 at 4:13 pm

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Guardianship of B.V.G. (Lawyers Weekly No. 10-068-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-11925

GUARDIANSHIP OF B.V.G.

Norfolk.     December 7, 2015. – May 23, 2016.

Present:  Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.

Guardian, Incompetent person.  Probate Court, Guardian, Standing.  Practice, Civil, Appointment of guardian, Intervention, Standing.  Words, “Interested person.”

Petition for guardianship filed in the Norfolk Division of the Probate and Family Court Department on February 16, 2011.

A motion to intervene was heard by George F. Phelan, J. read more

Posted by Stephen Sandberg - May 23, 2016 at 4:41 pm

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Guardianship of J.T. (Lawyers Weekly No. 10-061-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-11882

GUARDIANSHIP OF J.T.

May 4, 2016.

Moot Question.  Practice, Civil, Moot case, Assistance of counsel.  Probate Court, Guardian.

     This case is before us on a report from a judge in the Probate and Family Court.  It concerns a guardianship of a minor child pursuant to G. L. c. 190B.  Specifically, the question is whether an indigent parent who petitions to remove a guardian and regain custody of her child, or to establish visitation with the child, has a right to counsel on those petitions.  We discharge the report as moot. read more

Posted by Stephen Sandberg - May 4, 2016 at 6:18 pm

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Guardianship of V.V. (Lawyers Weekly No. 10-019-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-11739

GUARDIANSHIP OF V.V.

Essex.     January 5, 2015. – February 10, 2015.

Present:  Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.

Probate Court, Guardian.  Due Process of Law, Assistance of counsel.  Practice, Civil, Appointment of guardian, Relief from judgment, Assistance of counsel, Moot case.  Moot Question.

Petition for appointment of a guardian for a minor filed in the Essex Division of the Probate and Family Court Department on July 17, 2012.

The case was heard by Susan D. Ricci, J., and a motion for relief from judgment was considered by her; a petition for removal of the guardian, filed on May 7, 2013, was heard by Randy J. Kaplan, J. read more

Posted by Stephen Sandberg - February 10, 2015 at 6:02 pm

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Guardianship of L.H. (Lawyers Weekly No. 11-005-14)

NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

11‑P‑1510                                       Appeals Court

GUARDIANSHIP OF L.H.

No. 11‑P‑1510.

Middlesex.     September 18, 2012.  ‑  January 24, 2014.

Present:  Berry, Brown, & Agnes, JJ.

Incompetent Person, Consent to medical treatment.  Guardian, Incompetent person, Consent to medical treatment.  Probate Court, Guardian, Incompetent person.  Practice, Civil, Guardianship proceeding, Assistance of counsel.  Constitutional Law, Assistance of counsel.  Due Process of Law, Assistance of counsel. read more

Posted by Stephen Sandberg - January 24, 2014 at 4:11 pm

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