Guardianship of Erma

The subject of the present appeal was an order issued by a judge in the Probate and Family Court, authorizing the involuntary administration of antipsychotic medication (substituted judgment treatment order) to a mentally ill women under guardianship. The order was issued on February 2009 and has since expired, therefore, the appeal was moot. However, the court addressed the issue concerning notice requirements applicable to motions seeking substituted judgment treatment orders because that issue was likely to recur. The court held that a party filing a motion for entry of a substituted judgment treatment order must provide all other parties with at least seven days notice through service of a copy of the motion on them, and must give the same notice, through service, of every affidavit that will be filed in support of the motion.