Who has the Burden of Proof in a Petition to Remove a Guardian under the General Laws Ch. 190B Section 5-212 and what is the Standard of Proof?
- Posted by Alexander Nesson
- On September 12, 2019
In 2018 in the Guardianship of Calvin 94 Mass Appeals Court 448 2018 the court concluded that the parent needs to make the initial showing of a change in circumstances; such as the child no longer in need of a guardian but once the parents satisfies the initial “Burden of Production”, the guardian then bears the ultimate burden of proving by clear and convincing evidence that the parent is currently unfit.