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SUMMER 2016HELPING HANDAn Update from the Special Needs Practice GroupCON TE N TSPractice Group Message . 1Documents Your Child Should Sign Before Going to College.2News & Announcements.2Upcoming Seminars . 3Worcester Framingham Cape Cod www.fletchertilton.comFind us on Facebook and Linkedin

Helping HandSUMMER 2016SPECIAL NEEDSPRACTICE GROUPFrederick M. Misilo, Jr., Esq.Practice Group LeaderRichard C. Barry, Jr., Esq.Lucille B. Brennan, Esq.Robert F. Dore, Jr., Esq.Meredith H. Greene, Esq.David C. Guarino, Esq.Marisa W. Higgins, Esq.John J. McNicholas, Esq.Lauren E. Miller, Esq.Geoffrey M. Misilo, Esq.Mary F. Proulx, Esq.Dani N. Ruran, Esq.Theresa M. Varnet, Esq.Carol B. LawrenceDirector of Trust ServicesLainie PetrouAdministrative AssistantWilma VallejosAdministrative AssistantEARLY INTERVENTIONSpecial Needs PlanningMedical MalpracticeSCHOOL AGESpecial Education AdvocacyTransition to Adult ServicesSpecial Needs PlanningGuardianship and AlternativesADULTSpecial Needs PlanningAdult Service AdvocacySpecial Needs Trust Admin.Guardianship and AlternativesEXTENDED FAMILYSpecial Needs PlanningElder LawMassHealth PlanningPROBATE AND FAMILYCOURT PRACTICEEstate Planning PetitionsAdult Support PetitionsGuardianship/ConservatorshipA Commitmentthat Lastsa LifetimePRACTICE GROUP MESSAGEBy Frederick M. Misilo, Jr., Esq.Summer always seems tooshort. For me, it comes upfar too quickly and leavesfar too soon. Before I realizeit, I’m confronted with thereality of another summercome and gone. Well, that’s a sobering and mildlydepressing thought, isn’t it?! I do hope you enjoythe summer and beautiful early autumn days ofNew England, whether you’re on the beaches,in the mountains, or in the lakes region. We arefortunate to live in such a beautiful place.The article in this edition relates to the importanceof putting durable powers of attorney and othersupported decision-making tools in place foradult children who may be bound for residentialschool or college in the fall. It’s never too early toplan for this, and the summer is the right time todo this. Having an adult child complete this typeof planning is quick and inexpensive. It also is asubtle introduction to educating them about theimportance of taking personal responsibility.I recently had the privilege of representing TheArc of Massachusetts before the MassachusettsSupreme Judicial Court in an important caserelating to guardianship law. The SupremeJudicial Court ruled that a person who hasdemonstrated interest in the welfare of a personsubject to guardianship has a right to intervenein the guardianship to modify the limits of theguardian’s authority. As legal counsel to The Arcof Massachusetts, I filed an amicus brief and urgedthe court to adopt this ruling. The court ruled thata person subject to a guardianship has a broadright of advocacy to advance his or her libertyinterests in a limited guardianship.In this case, a maternal grandfather sought torekindle his relationship with his granddaughter,a young woman with an intellectual disability.The young woman also expressed an interestin rekindling the relationship. The biologicalfather and guardian of the young woman refusedto permit any contact between the grandfatherand the young woman, prohibiting any physicalThe Guaranty Building370 Main Street, 12th Floor Worcester, MA 01608-1779tel 508.459.8000 fax 508.459.8300contact and communication between the two,including social media.The grandfather filed a petition in Probate Courtto limit the guardianship in order to permit himto have contact with his granddaughter. TheProbate Court ruled that the grandfather did nothave standing under the Uniform Probate Code tointervene and dismissed the grandfather’s petition.The grandfather appealed.A subsidiary legal issue presented was whetheran interested party in a guardianship proceedingis required to show that the person underguardianship is inadequately represented inorder to intervene. In my brief, I argued thatonce a person meets the standing requirementof an “interested party” in a guardianship case,that person has a right, as a matter of law, tointervene to advance the liberty interests of theperson subject to guardianship and need notmake a showing of inadequate representation.The Massachusetts Supreme Judicial Court alsoadopted this argument in its ruling. FTTo contact me on these or any other related issues,my direct line is 508-459-8059 and my emailaddress is fmisilo@fletchertilton.com.LOOK INSIDE forimportant seminars. Register now as seatingis limited. Visit:www.fletchertilton.com/seminars-eventsThe Meadows161 Worcester Road, Suite 501 Framingham, MA 01701-5315tel 508.532.3500 f ax 508.532.3100www.fletchertilton.comCape Cod1597 Falmouth Road, Suite 3 Centerville, MA 02632tel 508.815.2500 fax 508.459.8300

DON’T LET YOUR SON OR DAUGHTER LEAVE FOR COLLEGE WITHOUT SIGNING THESEIMPORTANT DOCUMENTSby Theresa M. Varnet, MSW, JDShortly after registering for school in anotherstate, my niece became very ill and requiredhospitalization. A friend called my niece’s homeand advised my sister-in-law of the name of thehospital where my niece had been admitted.When my sister-in-law called the hospital,they initially refused to give her any information about my niece.Fortunately, after a brief delay, my niece was able to give verbalpermission for information to be shared with her mom so the familywas assured that she was getting the care she needed and would beall right.Had my niece signed a power of attorney and/or a health care proxyprior to her departure for school, this moment of panic could havebeen avoided. Few clients will associate the need for a health careproxy and a durable power of attorney for property with gettingready for school in the fall. The adult child is in his or her prime,health-wise, and often has too few resources to think about the needfor a POA for property.Upon reaching the age of 18, your child is an adult, and laws suchas HIPAA or Massachusetts confidentiality laws provide totalprotection of his or her privacy. Even if you are paying for youradult child’s tuition and/or living expenses, your son or daughter isentitled to medical and financial privacy. Should there be a medicalemergency, as in the case of my niece, you may not be able to getthe information you need to advocate for your child, especially if heor she is attending school many miles away from home.If you have a son or daughter leaving for college this fall, be sureto have him or her sign a health care proxy and a durable power ofattorney.The power of attorney for health care, advocacy and property aredocuments that are equally helpful for families with adult childrenwho are challenged with health impairments, visual, hearing ormild cognitive disabilities, or anyone who may need health servicesmore than the average child. Once a child reaches the age of 18,the parents are legally “out of the loop” when it comes to decisionmaking. If your son or daughter has a special need and may needhelp with making decisions or applying for benefits, you may wantto consult with a Special Needs attorney to determine if a powerof attorney is a viable option for your son or daughter. For moreinformation, call our office and schedule a visit or phone conferencewith one of our Special Needs Law attorneys to discuss in moredetail.I would argue that regardless of a disability, when a child reachesthe age of 18, he or she should consider signing a durable powerof attorney designating a person he or she trusts to make decisionsshould an accident or a sudden illness occur. We who are ablebodied should never take our good health and abilities for granted.A single accident or illness could put any of us at need forprotection.It is better to have these documents and not need them than it is toneed but not have them! FTNEWS AND ANNOUNCEMENTSJOHN “JACK” McNICHOLAS AND MARY PROULX JOIN FLETCHER TILTON ELDER LAW TEAMJack McNicholas, Esq.McNicholas and Proulx, LLP, is now“of counsel” to Fletcher Tilton PC.The Medfield firm is highly regardedin the elder law field.Committee which supports memberattorneys in administrative and courtadvocacy on behalf of individualsneeding MassHealth benefits.Jack McNicholas and Mary Proulxbring over 55 years of experience inelder law, sophisticated long-term careplanning and complex MassHealthapplications.We are thrilled that Jack and Maryhave joined the Special Needs andElder Law Practice Group as theyshare a wide range of knowledge andexperience in the area of elder law.Both Jack and Mary have been activein the Massachusetts chapter of the National Academy of Elder LawAttorneys (MassNAELA). Jack served for 10 years on the Board ofDirectors of MassNAELA and is currently co-chair of the LitigationMary Proulx, Esq.Jack and Mary will be available tomeet in Worcester, Framingham and Cape Cod offices on an asneeded basis. Their Medfield location will also be used for FletcherTilton client meetings. FTRECEIVE THIS NEWSLETTER VIA EMAILSend an email to solutions@fletchertilton.com with the subject “SNP Newsletter” and we’ll add you to our email list!2