Guardianship is a legal arrangement that allows one person to make decisions on behalf of another. In Massachusetts, a guardian may be appointed for two main reasons:
- An adult becomes incapacitated and cannot manage their personal or medical decisions.
- A minor has no parent able to care for them due to death, illness, or other circumstances.
Both situations are sensitive and often difficult for families. Understanding the types of guardianships available can help you make informed choices about protecting your loved one’s well-being.
Guardianship vs. Conservatorship in Massachusetts
Although the words are sometimes used interchangeably, guardianship and conservatorship have distinct roles under Massachusetts law:
- Guardianship gives a person authority to make decisions about another’s care, health, and living arrangements.
- Conservatorship allows a person to handle another’s financial matters, such as managing income, paying bills, or selling property.
In some cases, both a guardian and a conservator may be appointed to meet different needs.
Guardianship of an Incapacitated Adult
When an adult becomes unable to make safe and informed choices due to physical, mental, or psychiatric conditions, the court may appoint a guardian. A guardian of an incapacitated adult is responsible for:
- Acting in the best interests of the individual, while considering their values and preferences.
- Keeping the court updated on address changes for either party.
- Notifying the court and providing documentation if the incapacitated person passes away.
Massachusetts recognizes three main types of adult guardianships:
Plenary (Full) Guardianship
This is the most comprehensive form. It is granted when medical evidence shows that the individual cannot make major decisions about healthcare, living arrangements, or daily needs. The guardian assumes broad authority.
Limited Guardianship
This option allows the individual to retain certain rights while still receiving needed support. For example, a person may keep the right to choose where to live or to vote, while the guardian manages other specific areas of care.
Rogers Guardianship
Unique to Massachusetts, a Rogers guardianship involves extraordinary medical treatment, usually psychiatric care. With court approval, the guardian may consent to treatments such as antipsychotic medication, electroconvulsive therapy, or other procedures. Because of the serious nature of these decisions, additional oversight is required.
Guardianship of a Minor
Guardianship may also be established when a child’s parents are unable to provide care. A guardian of a minor in Massachusetts has many of the same powers and responsibilities as a parent, including decisions about:
- Health and medical care
- Education and schooling
- Safety and daily well-being
- Travel and living arrangements
The guardian may also decide whether visits with the child’s parents are appropriate.
Who Can Become a Guardian of a Minor?
To serve as a guardian, you must:
- Be at least 18 years old
- Reside in the United States
- Have no record of child abuse or neglect
The court will review the circumstances to determine whether you are suitable. If the child is 14 or older, the court will typically respect their choice of guardian unless it would not be in their best interests.
How a Massachusetts Guardianship Attorney Can Help
At its core, guardianship is about ensuring that vulnerable children and adults receive the protection and support they deserve. A knowledgeable attorney can:
- Explain your options and which type of guardianship fits your situation
- Prepare and file court petitions correctly
- Represent you in hearings and address any objections
- Provide ongoing guidance if circumstances change
Guidance for Families Facing Guardianship
Guardianship is one of the most sensitive areas of estate planning and family law. At Surprenant, Beneski & Nunes, P.C., we help families in Massachusetts protect their loved ones through thoughtful guardianship planning and court representation. Whether you are seeking guardianship of a minor or an incapacitated adult, we will provide the support and legal counsel you need.
Contact us today to schedule a consultation and learn how we can help you through the guardianship process.
Frequently Asked Questions
What is the difference between a guardian and a conservator in Massachusetts?
A guardian makes personal and healthcare decisions, while a conservator manages financial matters. Sometimes the court appoints both.
Can guardianship in Massachusetts be temporary?
Yes. Courts may approve temporary guardianships in urgent situations, such as when immediate medical or safety decisions are needed.
Do guardians have to report to the court?
Guardians must provide updates, including changes of address and certain decisions regarding care. In some cases, they may also need to file annual reports.
Can a guardianship be changed or ended?
Yes. Guardianships can be modified or terminated if the ward’s condition improves, if the guardian can no longer serve, or if circumstances change.
