A resource for lawyers and the public in Massachusetts and New Hampshire for information on will contests, trust disputes, guardianships, conservatorships, elder exploitation, fiduciary duty claims, and other probate litigation disputes.
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In In re Guardianship of D.E., the NH Supreme Court clarified important issues relative to the nature and scope of a guardian’s power to make an end-of-life decision and the standard of review of such a decision by the Probate Court. The Court held that a guardian, if granted the power to make an end-of-life […]
This Order is offered for educational purposes only. References to law and rules may not be current. Counsel must evaluate whether the Order has utility in a given case. I am always happy to discuss issues of law and practice with fellow counsel and can be reached via the information below. Ralph F. HolmesMcLane Middleton […]
In In re Guardianship of L.N., the NH Supreme Court provided important guidance on the power of a guardian to terminate life support of a ward. Recognizing that litigation is a “‘cumbersome mechanism’ for resolving end-of-life decisions,” the court held that “the general power to give or withhold consent to medical treatment under RSA 464-A:25, I(d) […]
This order is offered for educational purposes only. References to law and rules may not be current or accurate. Counsel must evaluate whether the order has utility in a given case. I am always happy to try to answer general questions of fellow counsel about law and practice and can be reached via the information […]
On June 3, Last Week Tonight with John Oliver delivered a funny but eye-opening examination of the guardianship process in the United States. Bringing his trademark wit, John Oliver points out ways in which the guardianship system fails those vulnerable people it is designed to protect. People who watched the clip may wonder after watching […]
Motion to Stay In Re Jeannette Marino
In decisions establishing new law in New Hampshire for the discipline of professional guardians, Judge Gary Cassavechia, acting as Judicial Referee, and Judge Edwin Kelly, as Administrative Judge for the Circuit Court, reviewed conduct by Jeannette Marino, a prominent NH professional guardian since 2006, in two of her guardianships with Judge Cassavechia recommending a two-year […]
