Tuesday,
July 22, 2008
PROBATE
AND FAMILY COURT ANNOUNCES NEW STANDING ORDER 5-08 REGARDING
MEDICAL CERTIFICATES AND CLINICAL TEAM REPORTS:
The
Probate and Family Court Department announces the
implementation of Standing Order 5-08 regarding medical
certificates and clinical team reports. The Standing Order
requires that any party filing a petition for guardianship or
a motion for temporary guardianship on the grounds of mental
illness or physical incapacity or a petition for
conservatorship or a motion for temporary conservatorship on
the grounds of mental weakness file a medical certificate on a
form approved by the Probate and Family Court. The medical
certificate was significantly revised in April 2008 to require
information necessary for the court to assess the
functionality of the proposed ward and the need for a limited
or full (plenary) guardianship.
The
Standing Order will bring the revised medical certificate in
compliance with the Health Insurance Portability and
Accountability Act of 1996. The medical certificates and
clinical team reports will be impounded, and the inspection of
these documents is limited to the court, the attorneys whose
appearances are entered in the case, the parties to the case
(including ward or proposed ward), any guardian ad litem
appointed in the case, and any Probation Officer assigned to
the case..
