A Few Words
About Us
Who we are and what we do
Public Guardian Services provides guardianship and conservatorship services to Massachusetts residents in Suffolk, Norfolk and Plymouth Counties who are decisionally impaired and for who no other suitable person is available to serve. When possible, we serve indigent, incapacitated persons as guardian, conservator or other fiduciary of last resort.
We also serve as a pilot project to evaluate and document the extent of the unmet needs of individuals who need but do not have decisional support in Suffolk, Norfolk and Plymouth Counties. Working in collaboration with the Massachusetts Guardianship Policy Institute, local courts, state agencies, advocacy and professional groups we aim to produce research, visible results and best practices to demonstrate the need for a state-wide public guardian entity to our local policy makers.
PGS also supports family members faced with the challenges of being a guardian by providing consultations, information and training so they can better serve their loved one’s needs.
Our Mission
The mission of Public Guardian Services, LLC is to provide guardianship and conservatorship services to persons in Massachusetts’ Suffolk, Norfolk and Plymouth Counties and act as guardian of last resort for whom no other suitable fiduciary is known to exist or is available.
Our Vision
Our vision is a future where people in Massachusetts, who have no other appropriate person to act as their guardian or conservator and need decisional supports, can find a qualified guardian or conservator of last resort to serve their needs
A History of Guardianship Reform in Massachusetts
Rogers decision: Due process in the administration of anti-psychotic medications
Allows guardians to obtain the court’s permission for extraordinary treatment. The types of medical treatments which the court may consider ‘extraordinary’ includes administering of antipsychotic medication, sterilization, abortion, electroconvulsive therapy, psychosurgery and removal of artificial maintenance of nutrition or hydration, and other treatments and procedures.
Founding of Massachusetts Guardianship Task Force
Founding of Massachusetts Guardianship Task Force, a coalition of advocates dedicated to reforming Mass. Guardianship laws, with two main goals – reform to strengthen due process protections in guardianships, and to establish a public guardian of last resort. Key Founding members - Tony Winsor of Mass. Law Reform Institute and Judith Lennett of Northnode, Inc.
Filing to establish a Massachusetts Public Guardianship Commission, to serve as guardian of last resort
Massachusetts Guardianship Task Force sets goal of a Public Guardianship agency in Massachusetts, with support of key legislative sponsors, and continually files to establish a Massachusetts Public Guardianship Commission, to serve as guardian of last resort. Despite strong support, all of these bills fail to pass.
AG Harshbarger’s Guardianship Conference – Massachusetts Guardianship Reform
As Attorney General, Scott Harshbarger placed a high priority on the rights of the elderly and disabled, including a focus on the need for guardianship reform. He organized this ground-breaking conference, with contributions from some of the members of the current Massachusetts Guardianship Policy Institute, bringing in stakeholders and experts to discuss topics such as capacity/incapacity issues, due process in guardianship, alternatives to guardianship, and role and responsibilities of a guardian. In 1996, Attorney General Harshbarger published his Report “Guardianship in Massachusetts, Where We Are and Where we should Be Headed” to summarize the priority recommendations for guardianship reform, resulting from the 1995 conference.
Drafting of a Massachusetts Version of the Uniform Probate Code
Massachusetts Guardianship Reform Task Force partner with the Massachusetts Bar Association and Boston Bar Association, to draft a Massachusetts Version of the Uniform Probate Code, including reforms to strengthen due process protections.
Rudow Decision
In the Rudow Vs. Commissioner of the Division of Medical Assistance case, the Massachusetts Supreme Judicial Court decided that MassHealth must allow a deduction in the calculation of a nursing home resident’s Patient Paid Amount (PPA) to compensate a guardian needed to make medical decisions for the incapacitated resident. See: MassHealth regulation: 130 CMR 520.026(E)(3)
Boston Globe Spotlight team writes articles and an editorial focused on the need for guardianship reforms
Due Process Protections Dramatically Increased Due To Enactment of the Massachusetts Uniform Probate Code (MUPC), Article V. (Uniform Adult Guardianship and Protective Proceedings Act)
Founding of Massachusetts Guardianship Policy Institute
The mission of the Massachusetts Guardianship Policy Institute is to inspire policy change and social justice for adults with decisional support needs in Massachusetts.
Massachusetts Guardianship Policy Institute Hosts First Colloquium
In November, 2015 more than 60 stakeholders affiliated with over 30 public and private social service agencies met for the first time in nearly 20 years to address public guardianship needs. Three more colloquia followed in June, 2016; November, 2016 and June, 2017 discussing topics ranging from volunteer guardians, public guardianship, the effect of guardianship on families and non-judicial alternatives.
A National Perspective on Guardianship and Decisional Support Conference
Filing of An Act to Establish a Public Guardian for Massachusetts
Massachusetts Guardianship Policy Institute, with support from key legislative sponsors, files An Act to Establish a Public Guardian for Massachusetts.
Massachusetts Guardianship Policy Institute Begins Guardianship Conference Series
Topics Include: 2017 - A National Perspective on Guardianship and Decisional Support 2018 - Decision Making: Balancing Autonomy and Risk 2019 - Abuse and Self-Neglect
Filing of An Act to Establish an Office of Adult Decisional Support
Massachusetts Guardianship Policy Institute, with support of key legislative sponsors files An Act to Establish an Office of Adult Decisional Support, and also supports bills to establish new alternatives to guardianship – supported Decision making, and Surrogate Health Care Decisions.
Guardianship Training Service Commences
Guardian Community Trust begins an education component in consultation with the Massachusetts Guardianship Policy Institute. It provides education, training and support to guardians, volunteers, family and those in need of advance directives.
