Justia Massachusetts Supreme Court Opinion Summaries

Guardianship of B.V.G.

By
B.V.G., a young woman with intellectual disabilities, has been in the sole custody of her father for many years. He was named her temporary guardian when B.V.G. reached age 18. Her maternal grandfather sought to intervene in B.V.G.'s father's permanent guardianship proceedings, asserting that his relationship with B.V.G. has been restricted by her father, that B.V.G. has indicated expressly her desire to communicate with him and has sought contact with him via social media, and that such a relationship is in B.V.G.'s best interests. Concluding that the grandfather lacked standing because he was not an "interested person" within the meaning of G.L. 190B, 5-306(c), a judge denied the motion. The Appeals Court affirmed the denial, on different grounds. The Massachusetts Supreme Judicial Court reversed, first holding that the grandfather had standing. The statute is intended to provide a means by which an individual interested in the welfare of an incapacitated person can advocate on behalf of that person and the Massachusetts implementation of the Uniform Probate Code encourages a broad right of advocacy in favor of an incapacitated person's protected interest in a limited guardianship. Once a judge has concluded that a proposed intervener is an "interested person," nothing more is required to establish that person's entitlement to intervene. View "Guardianship of B.V.G." on Justia Law