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Massachusetts Petition For Resignation of A Guardian And-Or Conservator

State:
Massachusetts
Control #:
MA-SKU-0808
Format:
PDF
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Description

Petition For Resignation of A Guardian And-Or Conservator

Massachusetts Petition For Resignation of A Guardian And-Or Conservator is a legal document used to end the guardianship and/or conservatorship of an individual. It is typically used by a guardian or conservator who is seeking to resign from their duties due to an inability to continue providing care for the person they were appointed to protect. This document is filed with the court in the county where the guardian or conservator resides. It must include the name of the guardian or conservator, a statement of the reason for their resignation, and the date of the resignation. It must also be signed by the guardian or conservator and be notarized. There are two types of Massachusetts Petition For Resignation of A Guardian And-Or Conservator: 1) Petition for Resignation of a Guardian and 2) Petition for Resignation of a Conservator.

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FAQ

A child over the age of 14 can ask the court to remove their guardian. file a petition to remove the guardian and appoint someone else to be your guardian.

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.

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.

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.

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.

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.

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.

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Massachusetts Petition For Resignation of A Guardian And-Or Conservator