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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.

(90) days. A permanent guardianship typically ends when the incapacitated person dies or upon further order of the Court. A guardian may resign with permission of the Court. The Court may remove a guardian , at the request of another person or on its own initiative, if the guardian is unsuitable or incapable.

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.

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.

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

If you gain guardianship, your child loses the freedoms he or she would have as an adult. The child will lose the right to handle his or her own finances, make healthcare decisions, choose residency, or make any other decision that the court has given the guardian power to decide.