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A Massachusetts guardian of minor power of attorney form can be used to assign guardianship for your child in case you become unable to care for him or her. This form is governed by Massachusetts General Laws Chapter 190B, Section 5-202. The person must be informed and willing to assume the role if the need arises.
The main difference between the two is that custody involves a biological parent. "guardianship" is generally used when someone other than a biological parent cares for the child. This may be a member of the family or a close family friend.
To file for guardianship of a minor in person, you should bring your completed forms to the Probate and Family Court in the county where the child lives, unless there is already an ongoing case involving the child in a Juvenile Court or District Court.
In Massachusetts, Guardianship may be permanent until the child reaches the age of 18, at which time the Guardianship automatically terminates. However, Guardianship may be terminated before the child reaches 18 if a parent can demonstrate that they are "fit" to care for the minor.
Generally, the parents must agree on the name change, but in the case that they do not, the court will decide based on the best interest of the child.
The guardian determines where the incapacitated person lives, monitors their residence, provides consent for medical treatment, and makes sure her everyday basic needs are met. A guardian is required to consider the incapacitated person's desires and personal values in decision-making.
This means that, as long as the guardianship lasts, the child's parents do not have regular parenting rights. Most of a parent's rights are suspended during a guardianship, and the parent must ask the guardian or the court for permission to spend time with the child or help make decisions for the child.
The department of children and families shall file a petition or, in the alternative, a motion to amend a petition pending pursuant to section 26 of chapter 119 to dispense with parental consent to adoption, custody, guardianship or other disposition of the child under the following circumstances: (i) the child has ...