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NellieBly

Member
What is the name of your state (only U.S. law)? MA

Several years ago, I was asked to serve as my cousin's guardian, as she was incapacitated. She recovered and we all went about our business, until I received a letter from the court stating that I was remiss in filing an annual report, regarding plans for her care. I had no idea I was supposed to do so.

So I contacted the court and informed them my cousin needed no additional care as she had resumed her daily activities, with no lasting effects. The court wanted us to prove it, so we went to court, where my cousin testified that she was fine. She also brought documentation from her doctor, saying that she needed no further intervention in that area. The judge and all present gave her a big round of applause and we went on our merry way.

After that, my cousin would call me periodically and ask if I'd received any documentation that the guardianship was lifted. I would say I hadn't and that would be that for another six months or so, when she would call me again.

Yesterday I received a notice from the court stating that my annual report was a year overdue. Huh? I was under the impression that the case was closed. So I called the clerk of court (or whomever) and asked about it. She said there a guardianship in place. I said we had attended a hearing back in 2012. The lady kept insisting the guardianship had not been ended, but finally agreed to review the audio tape of the hearing.

Amazingly, there had been a hearing (complete with round of applause) but my cousin's attorney had not filed some document. The lawyer has since moved to another part of the state. Now my cousin must obtain documentation from her doctor that she is well enough to care for herself.

First question is, what's the procedure for having the results of one's hearing entered into the court system?

Second, why did I take off a day of work and make a 50 mile round trip to attend this hearing?
 


Zigner

Senior Member, Non-Attorney
She's moved, far, far away.
The lawyer has since moved to another part of the state.
I didn't think there was ANY point in MA that was "far, far away" from any other point in MA. You can drive from one side of MA to the other in not much more than my daily commute time here in CA.

The lawyer is still in the state, contact the lawyer.
 

NellieBly

Member
To a magical land without phones or email?
Will I get billed for correspondence? Seriously, as many or you have noticed, I don't know a lot about legal procedures. Is that billable?

Also, who is responsible for entering the ruling into the court records?
 

Dave1952

Senior Member
This lawyer worked for your cousin. Get the new phone number, a description of what has not been filed, and call your cousin. Ask your cousin to call her attorney and get this mess cleared up.
 

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