When the incapacitated person that a guardian represents has an intellectual disability, the Probate and Family Court must receive a Clinical Team Report along with the petition for Guardianship in Massachusetts. The Clinical Team Report serves to inform the court of the following:

• the health care providers involved with the care of the incapacitated person
• some details about how the person was evaluated
• the specific conditions that result in incapacity
• what medications the incapacitated person is taking; and
• a description of how the incapacitated person cannot meet essential requirements for health, safety, and self-care.

Who Fills out the Clinical Team Report?

In a Massachusetts guardianship petition, where the incapacitated person has an intellectual disability, a licensed psychologist, registered physician or licensed social worker is authorized to complete a Clinical Team Report.

Determining Incapacity

Clinical Diagnoses

The health care provider completing the Clinical Team Report will need to list the intellectual disability that meets the definition found in MGL c.190B, section 5-101(12) as a substantial limitation in the ability to function presently, where that limitation developed before 18 years of age. Additionally, it must be the case that two or more of the following skills areas have been affected: communication, self-care, ability to live at home, social skills, community use, self-direction, health and safety, functioning academics, leisure and work.

The health care provider will also note on the Clinical Team Report any relevant diagnoses, that is, those diagnoses that may affect decision making ability, or that affect the physical domain and are relevant to the need for guardianship.

Medications must also be listed where those medications may affect the ability of the person to make informed decisions.

Lastly, any additional related factors that make the person currently unable to make decisions must be listed on the Clinical Team Report.

Intrusive Treatments

Next, the health care provider will be required to list any medications or treatments that may raise certain red flags or requirements. For example, certain antipsychotic medications may require a Rogers treatment plan. Further, if the person is receiving intrusive interventions or extraordinary medical treatments, those must be listed in this part of the Clinical Team Report.

Social Networks

No, not Facebook or Twitter (apologize, but inserting some light humor here), but the Massachusetts Probate and Family Court will want to know if the person has a social network that can be of assistance in making decisions.

Risk of Harm to Self or Others

It is equally important for the court to assess the capacity that the person has to keep themselves safe from physical or emotional harm, the degree of severity, and the likelihood of that risk occurring.

The Recommendation for Guardianship

This section of the Clinical Team Report explores how able the person is to make informed decisions that affect physical health, safety and self-care. The report gives the health care provider a forum to explain in some detail how the person manages their own activities of independent living (ADL’s) and instrumental activities of daily living (IADL’s).

Contact our offices today to receive assistance and representation in completing a guardianship in Massachusetts.

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