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A Massachusetts guardianship ends when a person turns eighteen years old. It can also be terminated upon a minor being adopted or when the court determines that the guardianship is no longer necessary. Contact our law office for more information about obtaining a guardianship appointment in Massachusetts.

In Massachusetts, the courts evaluate prospective guardians before appointment to ensure they can represent the incapacitated person well. In general, any competent person who is 18 years old or older may qualify to be a guardian, although family members often petition to serve as guardians.

Guardianship of an Incapacitated Person in Massachusetts There are three kinds of guardianship of an incapacitated person: plenary, limited, and Rogers.

This means that, as long as the guardianship lasts, the child's parents do not have regular parenting rights. Most of a parent's rights are suspended during a guardianship, and the parent must ask the guardian or the court for permission to spend time with the child or help make decisions for the child.

The Department is under no obligation to provide guardianship subsidy after a guardianship petition is granted unless there are extenuating circumstances as set forth in 110 CMR 7.303(11) and the child meets the eligibility criteria for a state guardianship subsidy.

A limited guardianship can be limited to certain decisions, such as medical decisions, or decisions about where the person will live, and the incapacitated person retains decision making power in all other areas not included in the guardianship.