Uniform Adult Guardianship Bill Signed into Law

August 11, 2014

Massachusetts joined 37 other states, the District of Columbia and Puerto Rico in streamlining adult guardianship rules when the Governor signed into law S.2249, the Uniform Adult Guardianship and Protected Persons Jurisdiction Act.

According to advocates, including Deb Thompson of the PASS Group, this new law addresses the difficulty of coordinating guardianships where two or more jurisdictions are involved.  If an individual in need of a guardian lives in one state and the potential guardian lives in another state there is currently no way to coordinate guardianship proceedings in those separate jurisdictions.

This legislation-turned-law creates criteria for determining which jurisdiction is appropriate as well as to allow courts to request the assistance of other courts in filing motions, taking depositions and determining the appropriateness of a potential guardian or conservator.  It would also avoid the costly and time-consuming requirement of litigating guardianships in multiple jurisdictions.

For more information on this issue, visit the National Center for State Courts’ Center for Elders and the Courts webpage on adult guardianship and the Uniform Law Commission.

Return to www.thinkhomecare.org.


More on ‘The Agency Advantage’

November 27, 2013

CG_logo_for_webCaregiver.com published an excellent article by Rona S. Bartelstone, LCSW, BCD, CMC, describing the advantages of working with a home care agency as opposed to the risks and responsibilities of direct-hire:

As the employer, the individual or family paying for the private home health aide would be held liable for any work-related injury that occurs on the job. This can include the cost of all medical expenses and any disability payments that might become applicable.

Since the home-care industry is noted for work-related injuries, this can be a huge risk, especially if the caregiving tasks include lifting, transferring or bathing. There are also risks related to communicable diseases if the aide does not abide by universal precautions that are required by all licensed agency personnel.

Furthermore, the employer retains any liability that arises out of an injury to the person being cared for or any other person on the premises. If the home health aide were to cause an accident, for example, in which other family members suffered any harm or losses, the employer would bear the full responsibility for all costs and compensation.

The article also contains case examples that illustrate these advantages in real-world situations. It makes an excellent, long-form companion to the Alliance’s 4 Reasons to Choose A Home Care Agency brochure, which is always available at no charge.

Return to www.thinkhomecare.org.


Congratulations to the 2013 Star Award Winners

May 2, 2013

Each year, the Home Care Alliance of Massachusetts honors the best and brightest in caregiving and home care management. This video of the 2013 winners played at our award ceremony on May 1, 2013.

Return to www.thinkhomecare.org.


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