Application of the Substituted Judgment Doctrine by Massachusetts Courts (PDF)
One major issue that has presented challenges for the courts is that of substituted judgment. The Massachusetts Supreme Judicial Court and Appeals Court have applied the substituted judgment doctrine on behalf of incompetent persons on a case-by-case basis. The following Emerging Issues Analysis explores the application of the substituted judgment doctrine following adoption of the Uniform Probate Code in Massachusetts.
JINANNE S. J. ELDER is an attorney in private practice who currently serves as a consultant to the Committee for Public Counsel Services directing its Family Law Advocacy Project which provides training and supervision for attorneys assigned to represent parents and children in child custody cases in which the state is a party. Her practice focuses on family law matters with special emphasis on child custody.
Ms. Elder graduated from Boston University School of Law in 1974. She has written numerous articles and treatises on family law and child custody and lectured extensively on evidence, privileges, ethics and a variety of topics as they relate to family law and child custody practice.
REBECCA WEINTRAUB BRENDEL, M.D. is an Assistant Professor of Psychiatry at Harvard Medical School. She is also Clinical Director of the Veterans Program at the Red Sox Foundation and Massachusetts General Hospital Home Base Program.
HONORABLE JENNIFER RIVERA ULWICK is a judge in the Norfolk Probate and Family Court.
JOHN G. DUGAN is a partner at Doherty, Ciechanowski, Dugan and Cannon, P.C. in Franklin.
Ask the LexisNexis experts - and get a complete answer based on today's law.
An authoritative analysis of important cases, codes, statutes, rulings, emerging issues or legal topics is available now - through LexisNexis Emerging Issues Analysis. The brain trust of LexisNexis authors - thousands of recognized authorities who develop the respected Matthew Bender®, Mealey's and Martindale-Hubbell® treatises and articles - produce this highly specific content. Each commentary covers an important case, code, statute, ruling or emerging issue such as subprime, nanotechnology, or climate change. More current and concentrated than treatises and more analytical than news, Emerging Issues Analysis bridges the information gap between the two, providing quick expert analysis of current developments in law.
Emerging Issues Analysis PDFs should be purchased individually or accessed through Lexis.com if you have a subscription.