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Massachusetts Petition for Appointment of Guardian for Incapacitated
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Massachusetts
Control #:
MA-MPC-120
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How to fill out Massachusetts Petition For Appointment Of Guardian For Incapacitated?
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Can this process be done more quickly? In an emergency, the court can appoint a temporary healthcare guardian for 90 days, or an emergency guardian for 15 days. Click here for a petition to be appointed a 15-day emergency guardian. You can fill out the form online, but you will still need to file it with the court.
As of Apr 9, 2021, the average annual pay for a Public Guardian in California is $46,816 an year. Just in case you need a simple salary calculator, that works out to be approximately $22.51 an hour.
Fill out the forms. Adult's Statement - Guardianship of Child (0.01 MB) Claim - Family Law Act (0.1 MB) File your order. Do this at the same court, in the same location, where you've either: already been to court with the other party. started any court action that hasn't gone to court.
Either the incapacitated person or a person interested in the incapacitated person's welfare can file a petition for guardianship. The petition is filed in the Probate and Family Court in the county where the incapacitated person lives.
EXPLANATION OF A PETITION FOR APPOINTMENT OF GUARDIAN(S) A guardianship may be needed if someone cannot take care of him/herself and/or his/her property. The person who needs assistance is the proposed ward. If guardianship is granted, that person will be the ward.
On his or her death, the legal guardian would be appointed. If the will does not nominate a guardian for the minor children, then a family friend or relative would have to apply to court, at some expense, to be appointed as the legal guardian.
In order to ask the court to appoint a guardian for a child, the person must go to the Probate and Family Court and file a guardianship case, which is called a petition for the appointment of guardian of a minor. (How and where to file a petition is discussed later in this chapter.)
Petition for Appointment of Guardian of a Minor (MPC 140) Affidavit Disclosing Care and Custody (OCAJ-1) Bond (MPC 801) Either a petition or affidavit:
As guardian of the person, you are entitled to compensation for your time, upon court approval. The compensation cannot exceed five percent of the ward's gross income. Attorney fees and other costs can and should be paid out of the ward's income, upon court approval.
