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Massachusetts Petition For Appointment of Guardian of Minor

State:
Massachusetts
Control #:
MA-SKU-0804
Format:
PDF
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Description

Petition For Appointment of Guardian of Minor

The Massachusetts Petition For Appointment of Guardian of Minor is a legal document used to request the appointment of a guardian for a minor in the state of Massachusetts. This petition is typically used when the minor is under the age of eighteen, and there is no parent or guardian capable of making decisions for the minor's care. It is also used when the parent or guardian is unable to provide adequate care for the minor or when the parent or guardian is deceased. There are two types of Massachusetts Petition For Appointment of Guardian of Minor. The first is a Petition for Appointment of Temporary Guardian, which is used when there is an immediate need for an adult to take care of the minor until a permanent guardian is appointed. The second type is a Petition for Appointment of Permanent Guardian, which is used when a permanent guardian is being requested to take on the responsibility of caring for the minor. The petition must be filed in the county where the minor resides, and must include information about the minor, the proposed guardian, and the reasons why the guardian should be appointed. The court will then review the petition and make a decision on whether the guardian should be appointed.

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FAQ

This means that, as long as the guardianship lasts, the child's parents do not have regular parenting rights. Most of a parent's rights are suspended during a guardianship, and the parent must ask the guardian or the court for permission to spend time with the child or help make decisions for the child.

In Massachusetts, Guardianship may be permanent until the child reaches the age of 18, at which time the Guardianship automatically terminates. However, Guardianship may be terminated before the child reaches 18 if a parent can demonstrate that they are "fit" to care for the minor.

Parental appointment of a guardian is for a parent to appoint someone to take care of their child in case the parent dies or becomes unable to care for the child while the child is still under 18. The parental appointment becomes effective when the parent dies or is not able to take care of the child.

This includes making decisions regarding a person's money, property, and business affairs. A person can petition to serve as both a guardian and conservator of an incapacitated person or minor. A guardianship petition must be filed in the Family and Probate Court in the Massachusetts county in which the child resides.

Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child.

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.

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Massachusetts Petition For Appointment of Guardian of Minor