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Massachusetts Decree and Order of Expansion-Modification-Limitation of the Powers of a Guardian
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Massachusetts
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MA-MPC-701
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FAQ
Rights and Powers of a Guardian A guardian may have guardianship over the person of the ward, or of the property of the ward, or over both. Often, the guardian of the person of the ward, may change the residence of the ward, control the ward's medical care, and the ward's education.
A guardianship is for managing the person's personal affairs; a conservatorship is for managing the person's financial matters. A conservatorship generally supercedes a power of attorney.
Legal guardians have custody of the children and the authority to make decisions concerning the protection, education, care, discipline, etc. Legal guardianship is assigned by a court, such as the family court, according to state laws.
Moving the protected person out of the state of Nevada. Placing the protected person in a secured residential long-term care facility. Spending or investing the protected person's money. Selling the protected person's home or any real property.
Once a parent is no longer competent, he or she cannot revoke the power of attorney.If the court finds the agent is not acting in the principal's best interest, the court can revoke the power of attorney and appoint a guardian. The power of attorney ends at death.
In general, the court may grant the guardian the power to make medical decisions, determine place of abode, social settings, and to manage property and handle financial affairs such as banking, investments, payment of expenses including household and long-term care costs, and taxes for the incapacitated person.
Generally speaking, a guardian is not personally responsible for the ward's (person being taken care of) debts or bills.He or she is not required to pay the ward's bills with their personal assets, and if the ward's bills are sent to collections it will have no impact on the guardian's credit.
Guardianship is a legal process that gives the guardian permission to take care of and make decisions for an incapacitated adult. An incapacitated person is someone with a clinically diagnosed condition that keeps them from being able to make or communicate decisions about their physical health, safety, or care.
A guardian is responsible for an elder or minor ward's personal care, providing them with a place to live, and with ensuring their medical needs are met. Guardians make sure that their ward has a place to live, such as the guardian's home, with a caretaker, or in an assisted living or full care facility.