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Massachusetts Decree And Order of Acceptance of Resignation of Conservator-Removal of Conservator

State:
Massachusetts
Control #:
MA-SKU-0769
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PDF
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Decree And Order of Acceptance of Resignation of Conservator-Removal of Conservator

The Massachusetts Decree and Order of Acceptance of Resignation of Conservator-Removal of Conservator is a court document issued by the Probate and Family Court in Massachusetts. It is used to accept the voluntary resignation of a conservator and to remove the conservator from their position. It is typically used when a conservator decides to step down from their role for any reason and requests the court to approve their resignation. The Decree and Order of Acceptance of Resignation of Conservator-Removal of Conservator includes the name of the conservator and a statement of the facts of the case, such as the conservator’s resignation and the court’s decision to accept it. It also includes a statement of the court’s authority to act and a statement of the court’s order to remove the conservator from their position. There are two types of Massachusetts Decree and Order of Acceptance of Resignation of Conservator-Removal of Conservator: 1) a Decree and Order of Acceptance of Resignation of Conservator-Removal of Conservator with Bond; and 2) a Decree and Order of Acceptance of Resignation of Conservator-Removal of Conservator without Bond. The type of decree used depends on whether the conservator was required to post a bond with the court.

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FAQ

There is a $75 filing fee for a bond with sureties. The Court will not generally require a bond with sureties. Certified Letters of Appointment cost $25 each. A guardian who cannot afford to pay the fees can ask the Court to waive the fees by filing an Affidavit of Indigency.

The court may appoint a Conservator to make financial decisions on the individual's behalf. With a Power of Attorney in place, the Attorney-in-Fact has the legal authority to make financial decisions without the burdens of the court process of appointing a conservator.

If the parents agree that the petitioner should be appointed guardian of the child, the court process is simple. The parents can tell the court that they ?assent? or ?consent? by signing a notarized waiver and consent to petition.

Standards for Appointment of a Guardian in Massachusetts A person must suffer a mental illness or physical condition and be diagnosed as incapacitated for an appointment of guardianship to occur. A minor who is unable to handle her affairs due to age or mental or physical incapacity may also be appointed a guardian.

Most users should use Petition for Termination of a Guardian/Conservator (MPC 203). If you need to save a partially filled-out form, you may choose to use the alternative form: Alternative Petition for Termination of a Guardian/Conservator (MPC 203)

A guardian or conservator appointed in Massachusetts can ask the court to transfer the guardianship or conservatorship to another state. You'll need to file the Petition to Transfer Guardianship/Conservatorship from Massachusetts to Receiving State (MPC 110). There is no fee.

The court will likely remove you as conservator and appoint a successor. There are other situations that may end your conservatorship, such as the death of your ward or if a court finds there is good cause to terminate your duties.

Guardianship is a legal process that gives the guardian permission to take care of and make decisions for an incapacitated adult. An incapacitated person is someone with a clinically diagnosed condition that keeps them from being able to make or communicate decisions about their physical health, safety, or care.

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Massachusetts Decree And Order of Acceptance of Resignation of Conservator-Removal of Conservator