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Massachusetts Decree And Order of Appointment of Conservator

State:
Massachusetts
Control #:
MA-SKU-0771
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PDF
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Decree And Order of Appointment of Conservator

The Massachusetts Decree and Order of Appointment of Conservator is a legal document issued by a court that grants a conservator the authority to make decisions and manage the property of a person, known as the ward. The conservator is responsible for the ward's assets, finances, and other matters, and must act in the best interests of the ward. There are two types of conservatorship in Massachusetts: general conservatorship and limited conservatorship. A general conservator is appointed when the ward is unable to make decisions for themselves and needs someone to manage their property on their behalf. A general conservator is responsible for managing the ward's assets and finances, as well as making decisions about the ward's medical care and other matters. A limited conservator is appointed in cases where the ward is able to make some decisions for themselves, but still needs help managing their assets and finances. The limited conservator is responsible for managing the ward's assets and finances, but does not have the authority to make decisions about the ward's medical care or other matters. The Massachusetts Decree and Order of Appointment of Conservator is a legal document that sets out the terms of the conservatorship, including the type of conservatorship, the duties of the conservator, and the rights of the ward. It also outlines the court's supervision of the conservator and the ward's rights to petition the court for changes in the conservatorship.

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FAQ

As a Conservator, you are a fiduciary responsible for managing the property of the Protected Person. Consequently, you must observe the standards of care applicable to trustees. You may exercise the authority only as authorized by the court's decree.

A qualified person with legal priority has the right to be appointed as personal representative of the estate over anyone else. If the decedent died with a will ? The person with legal priority is the person named in the will to serve as personal representative or executor.

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.

GUARDIANSHIP AND CONSERVATORSHIP Guardians may be appointed for protection of the person only. A conservator must be appointed to protect property and business affairs of a person in need of protection.

A conservator of the estate is appointed to supervise the financial affairs of an adult who is found by the court to be incapable of doing so themselves. Financial conservatorships may require the conservator to manage the conservatee's assets, income and public assistance benefits.

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.

In most instances, the powers of a limited conservatorship of the person allow the conservator to arrange for the housing, health care, meals, personal care, housekeeping, transportation, recreation, and education of the conservatee.

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Massachusetts Decree And Order of Appointment of Conservator