Rogers Guardianship in MA.
My father is in a nursing home. He has been declared incompetent by his medical doctor. My father has always claimed that he had a legal will, power of attorney, and a healthcare proxy. However, the only legal document that he has is a legal will. The nursing home staff are recommending that we obtain a Rogers Guardianship for him. What is the process of doing this and the typical cost ?
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.
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.
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.
