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Massachusetts Petition for Removal-Resignation-Termination of Guardian and/or Conservator

State:
Massachusetts
Control #:
MA-MPC-202
Format:
PDF
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This is an official form from the Massachusetts Court System, which complies with all applicable laws and statutes. USLF amends and updates these forms as is required by Massachusetts statutes and law.

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FAQ

According to California Probate Code §1860(a), A conservatorship continues until terminated by the death of the conservatee or by court order. Thus, a conservatorship terminates by operation of law upon the conservatee's death.

Guardians assume responsibility for the supply of food, clothing, and personal necessities. And for ensuring protected individuals are receiving the proper care, maintenance, and support. As a conservator of the person, they become the healthcare contact for the protected person.

Guardianship Versus Conservatorship What Is the Difference?A guardian of the person is responsible for decisions about care provisions and living arrangements of the ward. A guardian of the estate, also known as a conservator, is charged with the ward's property and financial affairs.

Ask the guardian to file a petition to resign as guardian and give your children back to you, or. file a petition to remove the guardian and give your children back to you.

The probate court can appoint a conservator of the person, a conservator of the estate, or both, depending on the needs of the conservatee. A conservator of the person cares for and protects a person when the judge decides that the person cannot do it.

There are two types of guardianships, a full guardianship and a limited guardianship.

The duties of a guardian, generally speaking, are to oversee the welfare and safety of the person under guardianship, and to attend to the financial needs of the individual, using his or her assets wisely. A guardian has a legal duty, called a "fiduciary duty", to act in the best interests of the individual.

A conservatorship is a court case where a judge appoints a responsible person or organization (called the conservator) to care for another adult (called the conservatee) who cannot care for himself or herself or manage his or her own finances.

A conservator of the estate handles the conservatee's financial matters like paying bills and collecting a person's income if the judge decides the conservatee cannot do it.

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Massachusetts Petition for Removal-Resignation-Termination of Guardian and/or Conservator