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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.

To file for guardianship of a minor in person, you should bring your completed forms to the Probate and Family Court in the county where the child lives, unless there is already an ongoing case involving the child in a Juvenile Court or District Court.

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.

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.

Guardian/conservator fees Type of pleadingFiling feeAppointment of Conservator or for Single Transaction, Petition$240Appointment of a Guardian, PetitionNo FeeExpand, Modify, Limit Powers of a Conservator, Petition$150Expand, Modify, Limit Powers of a Guardian, PetitionNo Fee4 more rows

A Massachusetts guardian of minor power of attorney form can be used to assign guardianship for your child in case you become unable to care for him or her. This form is governed by Massachusetts General Laws Chapter 190B, Section 5-202. The person must be informed and willing to assume the role if the need arises.