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Massachusetts Decree and Order of Acceptance of Resignation of Conservator of an Adult
State:
Massachusetts
Control #:
MA-MPC-733
Format:
PDF
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FAQ
How is a guardianship or conservatorship set up? Someone interested in the individual's welfare must file a petition in Superior Court, Probate Division, requesting appointment of a guardian or conservator. Once the petition is reviewed by the Probate Division and accepted for filing, a hearing is scheduled.
A conservatorship is necessary for those individuals who have neither a power of attorney or healthcare directive, and have lost the ability to make informed decisions and/or care for themselves. A conservatorship may also be necessary for other reasons, such as an invalid or fraudulent power of attorney document.
To obtain a conservatorship, an interested person must petition the Probate and Family Court. An interested person must file a Petition for Appointment and a Medical Certificate signed by a licensed professional. The Medical Certificate evaluation must have been complted within 30 days of the filing of the petition.
A conservatorship may be established after a relative, friend, or public official petitions the court for appointment of a conservator. The petition must contain information on why the individual cannot manage his or her financial affairs or make appropriate decisions concerning his or her personal care.
File a Petition For Conservatorship with the court: File a Confidential Supplemental Information Form: File a Confidential Conservatorship Screening Form: File a Duties of Conservator Form: Serve Notice on the Conservatee: Provide Notice to the Conservatee's Relatives:
A conservatorship is a court case where a judge appoints a responsible person or organization (called the conservator) to care for another adult (called the conservatee) who cannot care for himself or herself or manage his or her own finances.
Ask the guardian to file a petition to resign as guardian and give your children back to you, or. file a petition to remove the guardian and give your children back to you.
Submit the application form in person or by mail at the court location where your case is going to be held. Notarized and Verified Consent to Nomination by Minor (MPC 441) if the minor is 14 years old or older. Verified Motion for Appointment of Temporary Guardian (MPC 340) if you need court authority quickly.
Get a capacity assessment. Have a professional assess whether the adult can make decisions on their own. Fill out the application forms. If you want to apply for guardianship. Submit your application package.
