The appointment of a guardian or conservator is generally a judicial function, brought about by following the procedure set forth in the statutory law of the particular jurisdiction. This form is a generic example that may be referred to when preparing such a form for your particular state.
Massachusetts Petition for Appointment of Conservator or Legal Guardian of Person and Estate of Adult who Physical or Mental Infirmity or Age, is Unable to Handle Affairs
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How to fill out Petition For Appointment Of Conservator Or Legal Guardian Of Person And Estate Of Adult Who Physical Or Mental Infirmity Or Age, Is Unable To Handle Affairs?
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FAQ
There are three kinds of guardianship of an incapacitated person: plenary, limited, and Rogers. Plenary (Complete) Guardianship is established when medical records show that the person is unable to make any major decisions about their own care, lifestyle, living arrangements, or healthcare.
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.
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.
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.
A petition for guardianship must be filed by anyone seeking guardianship. A petition for guardianship must be accompanied by Medical Documentation. In a case where the incapacitated person has a clinically diagnosed intellectual disability, a clinical team report is required.
Chapter 190B § 5-303. Petitions for conservatorship may be filed by the person to be protected, a parent, guardian, custodian or ?any person who would be adversely affected by lack of effective management of the person's property and business affairs.? Chapter 190B 5-404(a).
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 Massachusetts, the courts evaluate prospective guardians before appointment to ensure they can represent the incapacitated person well. In general, any competent person who is 18 years old or older may qualify to be a guardian, although family members often petition to serve as guardians.