How do I petition for guardianship or conservatorship in Massachusetts?
1. Terminology. Massachusetts splits the roles: 'guardian' for personal/medical decisions, 'conservator' for property, for both adults and minors, under the Massachusetts Uniform Probate Code.
2. Adult Guardianship. Under M.G.L. Ch. 190B, § 5-306, the Probate and Family Court may appoint a guardian for an 'incapacitated person' — an adult who, for reasons other than advanced age or minority, has a clinically diagnosed condition that results in inability to receive and evaluate information or make or communicate decisions to such an extent that they lack the ability to meet essential requirements for physical health, safety, or self-care.
3. Adult Conservatorship. Under § 5-401, a conservator is appointed for an adult unable to manage property due to clinically diagnosed condition.
4. Minor Guardianship/Conservatorship. Under §§ 5-202 and 5-401, available when parents are deceased, unavailable, unfit, or consent.
5. Petition. File in the Probate and Family Court of the county where the respondent resides. Personal service on the respondent at least 14 days before hearing; notice to spouse, adult children, parents.
6. Court Investigator / GAL. Counsel must be appointed for the respondent in adult cases (§ 5-106); a GAL may be appointed if interests require it.
7. Capacity Evaluation. Medical Certificate (MPC 400) signed by a physician, licensed psychologist, or certified psychiatric nurse, based on examination within 30 days of filing, is required; clear and convincing evidence standard.
8. Hearing & Order. Respondent has rights to attend, counsel, and a jury trial. Court must consider less restrictive alternatives.
9. Powers & Duties. Bond required for conservator (§ 5-410); inventory within 60 days; annual account; court approval for sale of real estate and certain medical decisions including antipsychotic medication (Rogers orders).
10. Alternatives. Durable POA (M.G.L. Ch. 190B, § 5-501), health care proxy (Ch. 201D), and trusts.
11. Termination & UAGPPJA. Restoration on capacity (§ 5-307), death, or minor reaching 18. Massachusetts adopted UAGPPJA at M.G.L. Ch. 190B, Part 4A.
This is legal information, not legal advice.
- Rogers orders for authority to consent to antipsychotic medication
- Contested guardianships in Probate and Family Court
- Conservatorship of estates with significant assets requiring detailed accountings
- M.G.L. Ch. 190B, Art. V
- M.G.L. Ch. 190B § 5-306
- M.G.L. Ch. 190B § 5-401
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.