Guardianship – Case Law Wire

Guardianship of Finley — Massachusetts Court Lacked Jurisdiction Over Newborn’s Custody Where New Hampshire Was Home State Under MCCJA

/ July 1, 2026

The Massachusetts Appeals Court vacated four years of guardianship proceedings and remanded for dismissal, holding that the Probate and Family Court never had subject matter jurisdiction over a newborn’s custody under the Massachusetts Child Custody Jurisdiction Act (MCCJA) because New Hampshire—not Massachusetts—was the child’s home state, and the concurrent New Hampshire proceeding independently barred the Massachusetts action under G. L. c. 209B, § 2(d).

Weiss v. Abraham – Fourth DCA Reverses Denial of Attorney Fees in Guardianship Under Section 744.108

The Fourth DCA reversed the denial of an attorney’s petition for fees under section 744.108(1), holding that the statute is not limited to attorneys who represent the ward but extends to attorneys who render services that benefit the ward, including those who petition for appointment of an emergency temporary guardian.