Guardianship of a Minor in Massachusetts Guardianship for the Elderly or Disabled

Conservatorships. Probate of Estates.

Medical Certification Process for a Rogers Guardianship.

GUARDIANSHIP and CONSERVATORSHIPS:

Legal Guidance Throughout the Process. 

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A  Guardianship serves as a protective legal process, the Massachusetts’ Probate Court may appoint a person, or agency, to assume decision-making roles on behalf of someone else.

Children’s Guardianship

A child needs a Court appointed guardian when the birth parents are deceased, unfit or unavailable to care for the child. A guardian need not be related to the child, and a child may have (2) co-guardians.

A guardian assumes very similar powers and responsibilities to that of a parent regarding a child’s support, care, education, health and welfare. Guardians need to make routine decisions about the child’s daily life, and sometimes whether birth parents can even visit the child (unless a court orders otherwise).

Adult Guardianships

In an Adult Guardianship, the Massachusetts Probate Court appoints a person or agency to assume personal and/or medical decision-making on behalf of someone who is deemed incapacitated. An Incapacitated Person is an adult with diagnosed medical conditions, lacking the ability to effectively manage their everyday personal care, health or safety.

Conservatorship

If an adult is unable to make sound decisions concerning their money, property or business affairs due to a clinically diagnosed condition, or, if a minor lacks the protection of an adult to manage his or her estate, the Massachusetts Court can appoint a Conservator, who makes financial decisions and manages the assets and property of an disabled adult or a minor. Whether filing a Petition for Conservatorship on behalf of a disabled adult, or a minor, the court forms and procedures for becoming a Conservator are generally similar.

Since fundamental rights are involved in establishment of a guardianship, it is always best to speak to a lawyer before filing court papers. Limited Assistance Representation is one option to consider, where we assist you with portions of your case, and you agree to complete the others parts of the case yourself.

For help understanding the legal aspects of either a Guardianship or Conservatorship under Massachusetts law, simply contact Attorney Barboza.