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Massachusetts General Laws

Friday, September 25, 2020

The Importance of a Health Care Proxy in Massachusetts


One of the three most basic estate planning documents is the health care proxy.  This is the document where an individual gives permission to another person to make health care decisions on their behalf in the event they are incapacitated or unable to make health care decisions for themselves.  This document is especially important in Massachusetts because under Massachusetts law, there is no identified law that allows for the appointment of a default surrogate under any circumstances.  That means that your spouse, parents, and children have no legal right to make health care decisions for you.

Massachusetts is in the minority with regards to the treatment of health care proxies.
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Friday, February 28, 2020

Massachusetts General Law c. 90 §13b


In some ways, we are all guilty of sneaking a glance at the screen of our phones while behind the wheel, whether stuck in traffic or stopped at a red light. A quick scroll through the email, a lightning fast response to the repetitive chime of incoming text messages. Now, as of February 23, 2020, to do so in the Commonwealth of Massachusetts is illegal. Under new Massachusetts General Law chapter 90 section 13b, any use of a mobile device while stationary and or in an operational capacity while on a public roadway, unless the phone is being used as a navigational device and affixed firmly to the vehicle, is banned. This includes use at red lights and stop signs, or even pulled over to the shoulder, for even the briefest of moments, which means no more responding to emails or Snapchat streaks.
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Thursday, January 23, 2020

Massachusetts Home Improvement Contractor Law


Contractors hired to work on a residential home in the Commonwealth of Massachusetts must provide written contracts with required information provided if the amount of the work will exceed one thousand dollars.  In fact, so-called "handshake deals", verbal agreements, or simple invoice contracts more likely than not will violate Massachusetts General Laws Chapter 142A.

In 1992, the Massachusetts legislature passed the Home Improvement Contractor Law which became Massachusetts General Laws chapter 142A.  This law lays the foundation for agreements between contractors and homeowners when the value of the work being performed will exceed one thousand dollars.

A firm understanding of this law (as well as the requirements of a contract) will help protect both the homeowner and the contractor.
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Monday, July 22, 2019

Order Regarding Amount-in-Controversy Requirement


Today, the Supreme Judicial Court announced that it will increase the procedural amount for civil actions in Boston Municipal and District Courts from $25,000 to $50,000,  thus increasing the minimum procedural amount required for cases filed in the Superior Court to $50,000.  This change will go in to effect on January 1, 2020. 

The reason for this procedural change is to try and reduce delays that are common with the disposition of civil cases.  This will also have a far reaching effect with the filing of cases that had damages which hovered around the $25,000 cut-off, including personal injury cases and contract disputes.

The Order Regarding Amount-in-Controversy Requirement under Massachusetts General Laws chapter 218, § 19 and chapter 212, §3 states:

"Under G.
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