Detailed Answer
Under Massachusetts law, guardianship and conservatorship protect an incapacitated person’s personal and financial interests. A guardian manages health care, living arrangements, and daily decisions. A conservator handles assets and bills. You initiate these processes in the Probate and Family Court under the Uniform Probate Code (Mass. Gen. Laws ch. 190B).
1. Determine the Type of Fiduciary You Need
Decide if your relative needs:
- A guardian of the person (health and personal decisions)
- A guardian of the estate (property and finances)
- Both roles
2. File a Petition
Prepare and file a petition with the Probate and Family Court in the county where the incapacitated person resides. The petition must include:
- The proposed incapacitated person’s medical evaluation
- Names and addresses of close relatives and interested parties
- Your proposed plan for care or asset management
You file under Mass. Gen. Laws ch. 190B, §5-301. See statute: MGL c.190B §5-301.
3. Serve Notice on Interested Parties
Massachusetts law requires you to notify the proposed ward, spouse, children, and other close relatives. You serve them with the petition and a notice of hearing at least 14 days before the hearing date. See Mass. Gen. Laws ch. 190B, §5-307: MGL c.190B §5-307.
4. Court Investigation
After filing, the court appoints an investigator to interview the proposed ward and interested parties. The investigator assesses the person’s capacity, living situation, and supports. This report helps the judge decide. See Mass. Gen. Laws ch. 190B, §5-304: MGL c.190B §5-304.
5. Attend the Guardianship Hearing
At the hearing, the judge reviews the petition, investigation report, and any medical testimony. The proposed ward has a right to contest the petition and may have counsel appointed. If the judge finds incapacity, she issues an order appointing the guardian or conservator. See Mass. Gen. Laws ch. 190B, §5-308: MGL c.190B §5-308.
6. Obtain Letters of Guardianship or Conservatorship
After the court order, the clerk issues letters of guardianship or conservatorship. These letters serve as your legal authority to act on behalf of the incapacitated person. See Mass. Gen. Laws ch. 190B, §5-311: MGL c.190B §5-311.
7. Fulfill Ongoing Duties
As guardian or conservator, you must:
- Make day-to-day decisions or manage assets according to the court order
- File annual reports or accountings with the court
- Notify the court of any major changes in health, residence, or finances
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Begin with a clear medical assessment from a licensed physician.
- Gather detailed financial documents before filing.
- Consider less restrictive alternatives like power of attorney.
- Keep careful records of all actions and expenses.
- Attend a Probate Court clerk’s workshop for packet and form guidance.
- Check local Probate Court rules and filing fees on mass.gov.
- Consult an attorney if the proposed ward contests the petition.