Annotate Legal Massachusetts Guardianship Forms For Free

The guardianship process starts with submitting a petition to the Probate and Family Court. Additional forms are required such as an explanation of why guardianship is necessary and a medical certificate completed by a health care professional that verifies the person is considered incapacitated.

A person can petition to serve as both a guardian and conservator of an incapacitated person or minor. A guardianship petition must be filed in the Family and Probate Court in the Massachusetts county in which the child resides. A person interested in the incapacitated person's welfare can file a guardianship petition.

Guardian/conservator fees Type of pleadingFiling feeAppointment of a Guardian, PetitionNo FeeExpand, Modify, Limit Powers of a Conservator, Petition$150Expand, Modify, Limit Powers of a Guardian, PetitionNo FeeForeign Conservator Sworn Statement$754 more rows

Under Massachusetts law, all guardianship should be limited to the extent possible. a guardianship must consider limits on the guardianship based on the specific strengths and deficits of the Incapacitated Person to preserve the rights of the Incapacitated Person in specific areas.

To petition for guardianship, the interested person must file the petition with the court requesting appointment as a guardian and submit a medical certificate or clinical team report with the petition. A medical certificate is valid for 30 days from the date of examination.

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.