Lincoln County Probate Judge Thomas Berry made a rare appearance at the County Commissioners meeting on Feb. 3.

The judge had been invited to stop by the regular board meeting to brief the commissioners about probate court.

“We are the Court of Record,” Berry said about probate court.

The court is contacted by petitioners for several different reasons, among them adoption, guardianships and estate matters.

Describing his duties, Berry indicated that he is often reluctant to grant a full guardianship, saying that it reduces an individual’s rights to the level of a 6-year-old child.

Instead, he prefers to award a “limited guardianship.”

The limited guardianship provides the guardian with the decision-making authority on behalf of an individual for medical decisions, residential placement or finances.

Berry pointed out that probate court works closely with other Lincoln County courts, and judges from other courts are consulted on cases that may overlap, so there is no confusion if a similar matter is progressing through both courts.

In guardianships, the judge explained, the court uses a “MCFVRE” questionnaire in reaching its decision. This particular questionnaire looks at a variety of elements in the individual’s situation. MCFVRE is an acronym that stands for: medical considerations; cognitive ability; how well the individual is able to function; values and any preferences of the individual; are there risks to the individual; and how might the individual’s life be enhanced.

The judge is also called upon in emergency situations, when someone is distressed to the point that they may be a danger to themselves or to others.

In those instances, Berry explained, he may be called upon to sign the emergency order that starts the process for an involuntary admission into a mental health facility.

The discussion with the commissioners touched on the aging population in Lincoln County and “right to die” issues.

“Have any of these come before the probate court?” Commissioner William Blodgett asked.

“Not yet, but we may see them in the future,” Berry said.