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Massachusetts Decree And Order of Protective Arrangement And-Or Appointment of Special Conservator

State:
Massachusetts
Control #:
MA-SKU-0774
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PDF
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Decree And Order of Protective Arrangement And-Or Appointment of Special Conservator

Massachusetts Decree And Order of Protective Arrangement And-Or Appointment of Special Conservator is a legal document used to appoint a Special Conservator in the state of Massachusetts. This document grants the Special Conservator the power to manage the personal affairs of a person who is unable to do so themselves due to either physical or mental incapacity. The document outlines the powers and responsibilities of the Special Conservator, as well as any restrictions or conditions the court may impose. There are two types of Massachusetts Decree And Order of Protective Arrangement And-Or Appointment of Special Conservator: Guardianship and Conservatorship. Guardianship grants the Special Conservator the authority to make decisions on behalf of the person, while Conservatorship grants the Special Conservator the authority to manage the person’s financial and property affairs.

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FAQ

Conservatorship is a legal process in which the Massachusetts Probate and Family Court appoints a person?called a Conservator?to make certain decisions on behalf of someone who is mentally or physically unable to care for themselves.

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.

Conservatorship is granted when the individual in question no longer has the capacity to make decisions on their own behalf. In virtually all cases, this is a judgment based on mental incapacity. Physical incapacity will rarely, if ever, create a basis for legal guardianship.

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.

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.

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.

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Massachusetts Decree And Order of Protective Arrangement And-Or Appointment of Special Conservator