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GUARDIANSHIP OF SMITH

No. 97-P-689.

43 Mass. App. Ct. 493 (1997)

GUARDIANSHIP OF JAMES A. SMITH.

Court of Appeals of Massachusetts, Worcester.

September 11, 1997.

Attorney(s) appearing for the Case

George L. Dresser (Roy A. Bourgeois with him) for David J. Adams & another.

Frank S. Puccio, Jr., for Judith Smith & others.

Mary L. Bonauto & Gary D. Buseck, for Gay & Lesbian Advocates & Defenders & others, amici curiae, submitted a brief.

Present: WARNER, C.J., SMITH, & JACOBS, JJ.

WARNER, 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, Inc. (C.K. Smith). On or about August 15, 1989, Smith...

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