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Massachusetts Petition For Appointment of Guardian For An Incapacitated Person

State:
Massachusetts
Control #:
MA-SKU-0803
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PDF
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Petition For Appointment of Guardian For An Incapacitated Person

The Massachusetts Petition For Appointment of Guardian For An Incapacitated Person is a legal document used to request the appointment of a guardian for an individual who is deemed unable to make decisions or take care of themselves due to mental or physical incapacity. This petition is filed in the Probate and Family Court in the county where the incapacitated person resides and is usually accompanied by a medical report and other supporting evidence. The court then holds a hearing in which both parties present their arguments for and against the appointment of a guardian. There are two types of Massachusetts Petition For Appointment of Guardian For An Incapacitated Person. The first is the petition for appointment of a guardian for an adult incapacitated person, which is used when an individual 17 years or older is found incapacitated. The second is the petition for appointment of a guardian for a minor incapacitated person, which is used when an individual under the age of 17 is found incapacitated.

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FAQ

A temporary guardian may be appointed if it's likely that there will be immediate and substantial harm to the incapacitated person's health, safety, or welfare. The person asking to be named guardian is called the petitioner, and the person believed to be incapacitated is called the respondent.

A guardian makes personal and medical-care decisions for an incapacitated person. The guardian determines where the incapacitated person lives, monitors their residence, provides consent for medical treatment, and makes sure her everyday basic needs are met.

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.

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.

A guardian is different from a caregiver because when a child has a caregiver, either the caregiver or the parent can make decisions for the child. When a child has a guardian, only the guardian, not the parent, can make decisions.

How much does a Guardian Ad Litem make in Massachusetts? As of , the average annual pay for a Guardian Ad Litem in Massachusetts is $55,235 a year.

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.

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Massachusetts Petition For Appointment of Guardian For An Incapacitated Person