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Guardianship and Conservatorship Attorney in Framingham, Massachusetts

 
 
Father with Little Daughter — Child Custody Attorney in Framingham, MA
 

Guardianship

In Massachusetts, a legal guardian and/or conservator may be established over a person that is a minor, mentally incompetent, or disabled. Under Massachusetts’s law, the Probate and Family Court appoints a conservator and guardian to manage the financial and/or medical and personal affairs of an individual.

In practice, a Guardian is a person appointed by the court to make non-financial decisions for another person, such as personal welfare, medical, housing and educational decisions, in the same way that adults make these decisions for their children. The person who the decisions are being made for is called a respondent.
 
Guardians may be appointed for minor children, via Guardianship of a Minor, and for incapacitated persons, via Guardianship of an Incapacitated Person. In both cases, this form of Guardianship is individualized to this person only. In Massachusetts, Guardians, unlike Conservators, do not extend to the financial or business affairs of the respondent. When the business affairs of a respondent need to be protected, a conservator should be appointed instead of a Guardian.
 

Conservatorship

A Conservator may be appointed by the Court for the protection of a respondent if they are unable to "manage their business affairs effectively because of a clinically diagnosed impairment in the ability to receive and evaluate information or make or communicate decisions, even with the use of appropriate technological assistance, or because the individual is detained or otherwise unable to return to the United States; and the person has property that will be wasted or dissipated unless management is provided or money is needed for the support, care, and welfare of the person or those entitled to the person's support and that protection is necessary or desirable to obtain or provide money." This includes if the person is incapacitated or a minor, and has substantial assets that need protection and management.

For a Conservatorship of an incapacitated person, a Medical Certificate is required to be filed on their behalf. This Medical Certificate is an extensive form that must be done by a registered physician, licensed psychologist or certified psychiatric nurse clinical specialist. In addition, the certificate must be completed in a timely manner within 30 days of any court hearing. This means if you have multiple court hearings more than 30 days apart you will need to acquire an updated certificate for each hearing.

At the Bentley Law Group, I help secure guardianships and conservatorships for minors, elderly, disabled, or mentally ill family members. Both of these tools require court approval and may or may not have the approval of the person whose interests are being protected.
 

Contact our office today in Framingham, Massachusetts for more information on our guardianship and conservatorship service.