Family Law Bits

Caregiver education and health care authorization

On January 14, 2009 the Governor signed into law “An Act Relative to Caregiver Education and Health Care Authorization.” The law went into effect on April 14, 2009. This law creates a statutory mechanism for a parent or parents to authorize another adult to exercise concurrent parental rights and responsibilities relative to a minor’s education and health care. Therefore, if you are a caregiver, a parent may give you permission to make medical and educational decisions for the child. A caregiver is defined as a person who lives with a child but who is not a parent.

By executing a duly prepared Caregiver Authorization Affidavit, a parent can convey the authority to make education and health care decisions regarding a minor in the absence of the parent or on behalf of the parent. Once the Affidavit is signed by the parent, witnessed and notarized, it is effective, however, there is very specific language that is statutorily required and must be included in the documents. The form is not filed with a Court, but a copy of this form should be delivered to the child’s school, doctor, and dentist.

You are advised to keep a list of everyone who received the form, in the event you must notify someone about the changes. Naturally, the original should be maintained in a safe place with your other estate planning documents.

Parents should feel comfortable executing this Affidavit, and they can revoke it at any time and in the event that they disagree with the caregiver. The parent’s decision shall remain final. The use of the Caregiver Authorization Affidavit may provide some families with an alternative to filing for Guardianship of a Minor. The Affidavit is valid for two years and will need to be executed again at its expiration.

by: Julie A. Dialessi-Lafley

Limited Assistance Representation: a good choice in hard economic times

Although I have previously blogged on the positive aspects of the Limited Assistance Representation (“LAR”) program available to litigants in the Probate and Family Court, I felt it necessary to make the point again. With LAR, an attorney jumps into a case for a specific purpose and then withdraws, and the client pays only for that specific event.

Of course the best course of action is to have legal representation from beginning to end, but LAR recognizes this is not always practical. In these hard economic times, people should not be discouraged by the prospect of paying costly fees. For those who cannot afford to hire an attorney for an entire case, want an attorney to come in midway through, or need help drafting a memorandum or presenting in court, LAR is the way for you.

Many times I have been in court and heard the judge say to a pro-se litigant (one who represents themselves) “you need to talk to an attorney.” Those people are about to either lose their case or have it dismissed due to lack of process or omission of critical evidence. Through the LAR program, lawyers can help salvage the action and guide the litigant to success. If this sounds familiar, I urge you to contact me to discuss how the LAR program can benefit you.

By: Melissa R. Gillis, Esq.

New Year’s resolutions

Welcome to 2009. It’s a new year, a new president has been sworn in, and history is being made. Even though the economy is of concern to say the least, you may find yourself reflecting on the past year and wondering whether you can afford to shed a few pounds. I don’t mean body fat of course; I’m talking about your spouse or partner.

Some resolutions involve decisions to not tolerate disrespectful or abusive behavior, to not fight or argue anymore, or simply to move on to greener pastures. Whatever the reason, there are many legal options and avenues available to relieve the stress that home environments can bring.

Whether it be a divorce, modification of an existing order, custody issue, or legal separation, contact your lawyer to find out how new and existing laws and procedures can act as your legal weight watchers program. Once you get started, you won’t want to stop until you’ve reach the desired goal.

By: Melissa R. Gillis, Esq.

Parent education class mandated for all in MA

It has been a long standing requirement in the Probate and Family Court that divorcing parents of minor children attend and complete an approved Parent Education Class. The class is designed to educate parents about the needs of children during a divorce, the vital role parents play in children’s lives, pitfalls to avoid, how not to place children in the middle of their parents’ disputes, and how to support children when parents live apart.

The Probate and Family Court recently announced that effective November 1, 2008, a pilot program called “For the Children” has been implemented for never married parents in Essex, Hampshire and Suffolk Counties pursuant to Standing Order 6-08. The new Standing Order mandates that parties to a Complaint for Paternity, Complaint for Custody/Support/Visitation, and in any other case involving custody or support of minor children of never married parents filed on or after July 1, 2008 now need to attend, participate, and complete the five (5) hour program. Once completed, the obtained Certificate of Completion must be filed with the Court. The program is currently offered at 63 locations around the state, and in Spanish at 3 locations.

With more and more cases filed daily by never married parents where minor children are the subject of the action, I suspect that this pilot program will soon be expanded to include the other counties in the Commonwealth. I would not be surprised if the program was implemented in Hampden County within a few months.

Melissa R. Gillis, Esq.

Money, money, money – tips that can save your marriage

If you and your spouse fight about money, you are not alone. There may be some ways to deal with the issues, so you don’t end up in my office for a consultation for divorce. Although somewhere there must be a couple whose attitudes towards money are in synch, (wouldn’t it be nice to agree about when to save and when to spend?) it is the rare.

A financially compatible couple moves smoothly and together to accomplish their financial objectives. For almost everybody else, the reality is quite different. Whether you battle openly about money, or let the tension simmer, fiscal stress is going to take its toll. Getting on the same page about money is not easy, so a gradual, common sense approach may bring you closer together in this crucial time for your relationship.

Step one – carve out time each month for a financial summit meeting. They typical talk might be 30 minutes long. The rules: talk without casting blaming or straying to other subjects. Each time you reach an agreement, write it down, sign it and date it. Use this time to talk about your money history. Chances are any hang ups or issues you have about money were handed down from prior generations and your parents to you. It is not easy to shake off ingrained attitudes, but with knowledge comes understanding. If you find out that your spouse worked through high school, instead of playing sports, to save for college, it may make you more understanding and sympathetic to his insistence that you save for college for your kids.

Step two – create a budget. I recommend beginning the budget process after you have a greater understanding and some common ground as a result of Step One. Starting a budget without your Economic Summit will likely be a bitter process of blame and accusation. Instead, now armed with common goals – both short term and long – you can look to the budget as a way to make your future financial goals a reality. Remember to keep the budget in perspective – it can not be a rigid and inflexible plan. You should provide for a slush fund for those expenditures that are not as purposeful as others…..the “fun money” or “rainy day money.”

Step three – Develop an investment plan. This plan must be a combination of different investment philosophies. Historically men are more aggressive and women more conservative in their approach to investing. Bear in mind, investing properly should be a blend of both. What better place to have the strengths of our personalities highlighted? Use the different attitudes about money that you posses to your advantage in crafting a balanced approach. Put the policy in writing, sign it and date it. Commit yourselves to regular reviews on a monthly basis to see what is working and what may need to be changed.

In the end, your monthly money meetings should help you identify what is most important to you, individually and as a couple. Hopefully you will connect emotionally and come away with a fresh resolve to improve your communication about money and move forward toward shared goals. It may not be perfect harmony, but it is better than the alternative.

Continue to let the money issues fester, allow the communication to fall apart, and you won’t be meeting monthly with each other, you’ll be meeting with me instead about how to divide the money between you in a divorce action. It just does not sound as pleasant to me. Good Luck.


by: Julie A. Dialessi-Lafley, Esq.

Department of Social Services changes name to Department of Children and Families

The Department of Social Services, commonly referred to as DSS, has recently announced that its name has been formally changed to the Department of Children and Families (DCF.) Designed to detect and prosecute child abuse along with placing and monitoring children in the foster care system throughout the Commonwealth of Massachusetts, DSS received this facelift after Governor Patrick signed into law An Act to Protect Children in the Care of the Commonwealth on July 8, 2008.

In a statement issued on July 29, 2008, Commissioner McClain stated “This change gives the department a name that is more descriptive of its mission to strengthen families and protect children from abuse and neglect. We believe this change provides us with an opportunity to reemphasize the positive strength-based work of the agency and to inform the public about the full scope of services we provide to children and families.”

With an ever growing number of children in need of services and protection by DSS, (or should I say DCF?,) I applaud the Department for recognizing the need for new initiatives and the desire to present themselves in a positive light to the public, and I look forward to the changes to come.

By: Melissa R. Gillis, Esquire

Maternity benefits may not be just for women

In a recent decision by the Massachusetts Commission Against Discrimination, commonly referred to as MCAD, the idea that benefits available under the Massachusetts Maternity Leave Act (“MMLA”) are just for women may soon be a thing of the past. Consider these two scenarios:

1. John and Jane work at Company A, which employs 40 workers. Jane has a baby and takes maternity leave in accordance with the MMLA. John’s wife also has a baby, and due to complications, John now needs to care for his child at home for six weeks. His request for leave under the MMLA is denied. Is Company A’s denial discriminatory despite the fact that the statute is called “maternity” leave?
2. John is married to Joe and works for Company A. Jane is married to Susan and also works for Company A. Each couple adopts a baby. Jane and Susan both apply for leave under the MMLA. Their requests are granted. John and Joe also apply for leave under the MMLA and both those requests are denied. Has Company A committed discrimination against John and Joe?

In both cases, the answer is “quite possibly,” according to recent statements from the MCAD office and its officials. MCAD is taking the position that they have the authority to interpret the MMLA with broad discretion. The information they are disseminating suggests that decisions to investigate discrimination allegations will be determined on a case-by-case basis, given the facts, but that the need for interpretation of the law in gender-neutral terms calls for and allows a deviation from the former strict reading that it applies only to women, particularly in light of same-sex marriages.

So whether you call it maternity leave or paternity leave, men need to know that they have a friend and voice in MCAD, and employers would be wise to revise their employee handbooks.

By: Melissa R. Gillis, Esq.