What is a Massachusetts Power of Attorney
Apr 26, 2011
Power of Attorney
A power of attorney is a legal document given by a person to a spouse, partner, adult child, trusted friend or any other trusted individual giving the trusted individual the right to...
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Opposing an appeal from a motion for a new trial
Apr 26, 2011
A denial of a motion for new trial based on a claim of ineffective assistance of counsel in Massachusetts is reviewed under an abuse of discretion standard. Commonwealth v. Wheeler, 52 Mass. App. Ct. 6...
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Effective assistance of counsel in a termination of parental rights case
Apr 26, 2011
In Massachusertts parents are entitled to effective assistance of counsel when faced with termination of their parental rights. Care and Protection of Stephen, 401 Mass. 144, 149 (1987). In evaluating ...
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Six factors considered in a mental health substituted judgment matter
Apr 25, 2011
At least six factors must be considered by courts in Massachusetts in arriving at a substituted judgment decision.
(1) Expressed preferences of the person involved;
(2) Strength of religious conviction...
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Summary guide to matters invovling grandparent visitation.
Apr 25, 2011
The custodial parent in Massachusetts has a fundamental liberty interest in child rearing and may oppose a complaint for grandparent visitation. Dearborn v. Deausault, 61 Mass. App. Ct. 234, 238 (2002)...
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Complaint for grandparent visitation in MA. Must be detailed & meet the initial burden of proof.
Apr 25, 2011
Before a parent can be called upon to litigate fully a grandparent visitation complaint with all the attendant stress and expense, the grandparent should make an initial showing that satisfies a judge ...
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Notice requirements for a juvenile court motion
Apr 25, 2011
Rule 5A of the Massachusetts Juvenile Court Rules states that the party serving a motion by mail shall give ten days notice of the motion. In addition, Rule 5B states that any motion shall be accompani...
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Avoiding self incrimination in Massachusetts civil cases
Apr 25, 2011
Article XII, of the Declaration of Rights to theMassachusetts Constitution states:
No subject shall be... compelled to accuse, or furnish evidence against himself.
Massachusetts has long held that a ...
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Summary guide to the court ordered administration of anti-psychotic medication to minors
Apr 25, 2011
In Massachusetts the administration of anti-psychotic medication is extraordinary medical treatment. 110 C.M.R. section 11.14. The Department of Children Families (DCF) cannot make medical decisions w...
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Massachusetts Policy is to Strengthen Families
Apr 25, 2011
The written policy of the Commonwealth of Massachusettsis to strengthen and encourage family life so that every family can care for and protect its children. G.L. c. 119, 1; 110 C.M.R. 1.01; and Adopti...
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