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If the parents agree that the petitioner should be appointed guardian of the child, the court process is simple. The parents can tell the court that they ?assent? or ?consent? by signing a notarized waiver and consent to petition.

To obtain a conservatorship, an interested person must petition the Probate and Family Court. An interested person must file a Petition for Appointment and a Medical Certificate signed by a licensed professional. The Medical Certificate evaluation must have been complted within 30 days of the filing of the petition.

A probate court will not treat this petition lightly ? in Massachusetts all adults are presumed to have capacity to make their own financial decisions. Because of the complexity of the law and the nature of the petition, a conservatorship petition can take weeks or months to pass successfully through the courts.

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.

You'll need to file: Petition for Formal Probate of Will and/or Appointment of Personal Representative (MPC 160) Surviving Spouse, Children, Heirs at Law (MPC 162) A certified copy of the death certificate if it's available, or an affidavit if it's not. Citation-Return of Service (MPC 560), which the court will give you.

There are other situations that may end your conservatorship, such as the death of your ward or if a court finds there is good cause to terminate your duties. Regardless, you should know if your conservatorship is likely to last a long time so you may decide if you can handle the duties for a prolonged period.