Probate Law News

Probate And Family Court Announces The Implementation Of The New Standards For Category F Guardians Ad Litem/Investigators And Standing Order 1-05

The Probate and Family Court Administrative Office has announced that the new standards for Category F, Guardians ad Litem/Investigators will be effective on January 24, 2005. These standards will be applicable to all cases in which a guardian ad litem/investigator is appointed by a judge of the Probate and Family Court. The Standards become effective with the implementation of Standing Order 1-05, Standards for Guardians ad Litem/Investigators.
The Probate and Family Court Administrative Office in conjunction with Massachusetts Continuing Legal Education, Inc., held five mandatory trainings for all guardians ad litem certified under Category F, pursuant to Supreme Judicial Court Rule 1:07. All guardians ad litem certified under Category F were required to attend one of the training sessions in order to receive further appointments under Category F.
Some of the topics that were covered at the trainings include the importance of defining the roles of Category F guardians ad litem/investigators, the essential elements of the investigation including who to interview, what information should be included in the report, the importance of balancing children's rights to confidentiality vs. requesting waiver of the psychotherapy privilege and what to do when issues of mental illness, substance abuse, sexual abuse and domestic violence arise during the course of the investigation.

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	Did You Know?
	Probate Is Handled In Court Probate cases normally occur in state and county court where the deceased permanently lived at the time of his or her death. In different states such courts may go by different names. Some are simply called the Probate Court. In New Yorkthey are called the Surrogates Court and in California they are called the Superior Court, Probate Division. The probate court will normally handle all the personal property the deceased owned, plus all the real estate the deceased owned located in that same state.