A Massachusetts Verified Motion for Appointment of Temporary Conservator is a legal document that is filed with the court to appoint a temporary conservator of an individual’s estate. A temporary conservator is an individual who is appointed by the court to manage the financial affairs of a person who is either unable or unwilling to do so. This motion is commonly used in the event of a conservative’s incapacitation or disability. The verified motion must be carefully drafted to include all the essential elements of a legal document, including the names of the parties involved, a statement of facts, legal authority, and the relief sought. The motion should also specify a time frame for the temporary conservator’s appointment and the extent of their authority. There are two types of Massachusetts Verified Motion for Appointment of Temporary Conservator: an ex parte motion and an adversary proceeding. An ex parte motion is used when the conservative is unable to appear in court and the appointment is made without any opposition from the conservative or any other parties. An adversary proceeding is used when the conservative or any other parties oppose the appointment and a hearing takes place before a judge.
Massachusetts Verified Motion For Appointment of Temporary Conservator
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FAQ
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.
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.
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.
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.
There is a $75 filing fee for a bond with sureties. The Court will not generally require a bond with sureties. Certified Letters of Appointment cost $25 each. A guardian who cannot afford to pay the fees can ask the Court to waive the fees by filing an Affidavit of Indigency.
A guardian or conservator appointed in Massachusetts can ask the court to transfer the guardianship or conservatorship to another state. You'll need to file the Petition to Transfer Guardianship/Conservatorship from Massachusetts to Receiving State (MPC 110). There is no fee.
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.
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 temporary guardianship can last up to 90 days.