Legal Opinion

Guardianship of Smith

Massachusetts Appeals Court

Decided September 11, 1997No. 97-P-689PublishedCited by 8 opinions

1Opinion of the CourtWarner, C.J.

This appeal presents an issue of first impression regarding the propriety of guardianship proceedings conducted in the Probate and Family Court. The subject of the proceedings, James A. Smith, is an eighty-three year old man who suffers from severe, advanced Parkinson’s Disease with dementia. He is the majority stockholder of C.K. Smith and Company, *494Inc. (C.K. Smith). On or about August 15, 1989, Smith executed a durable power of attorney1 in which he appointed David J. Adams and Alfred H. Carl, his long-time friends and business associates,2 as his attorneys in fact, and nominated them as…

2Cases cited16 opinions

  1. Hashimi v. KalilMassachusetts Supreme Judicial Court · 1983
  2. Guardianship of RoeMassachusetts Supreme Judicial Court · 1981
  3. Registrar of Motor Vehicles v. Board of Appeal on Motor Vehicle Liability Policies & BondsMassachusetts Supreme Judicial Court · 1981
  4. Casey v. Massachusetts Electric Co.Massachusetts Supreme Judicial Court · 1984
  5. Colbert v. HennesseyMassachusetts Supreme Judicial Court · 1966

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3Cited by8 opinions

  1. Knight v. Milwaukee CountyWisconsin Supreme Court · 2002
  2. Richard Lundgren, Inc. v. American Honda Motor Co.Massachusetts Appeals Court · 1998
  3. Yates v. RathbunCourt of Civil Appeals of Alabama · 2007
  4. Taatjes v. Maggio (In re Maggio)United States Bankruptcy Court, D. Massachusetts · 2014
  5. Guardianship of ZaltmanMassachusetts Appeals Court · 2006

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