Massachusetts Sample Letter regarding Petition to Appoint Guardian and Issue Letters of Guardianship

State:
Multi-State
Control #:
US-0382LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample transmittal letter to the court clerk in Word format covering the subject matter of the title of the form.

How to fill out Sample Letter Regarding Petition To Appoint Guardian And Issue Letters Of Guardianship?

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FAQ

A guardianship petition must be filed in the Family and Probate Court in the Massachusetts county in which the child resides. A person interested in the incapacitated person's welfare can file a guardianship petition. A person seeking guardianship must notify all interested parties.

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.

What is a Rogers monitor? When the court gives the guardian Rogers authority, the court also appoints a person called a Rogers monitor to make sure the respondent is being medicated as agreed in the court-approved treatment plan. The Rogers monitor may be the person who was appointed as guardian or someone else.

Rogers cases can be brought either in the Probate Court as part of a guardianship case, or in the District Court as part of a civil commitment case. Probate Court Rogers. The Probate Court process may be utilized no matter where the person resides ? in a facility or in the community.

Rogers cases can be brought either in the Probate Court as part of a guardianship case, or in the District Court as part of a civil commitment case. Probate Court Rogers. The Probate Court process may be utilized no matter where the person resides ? in a facility or in the community.

Rogers proceedings are named after a 1983 Massachusetts court case, Rogers v. Commissioner of Mental Health, which stated that antipsychotic medications are so intrusive, and their side effects are potentially so severe, that a Court must approve them.

File for guardianship at the Probate and Family Court in the county where: The incapacitated person lives when the petition is filed or. A will nominating the guardian was or could be probated or. The incapacitated person is admitted to a facility under a court order.

Limited guardianship ? A limited guardianship only applies to specific areas where the incapacitated person needs help. This type of guardianship lets the court appoint someone to help with an individual's unique circumstances.

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Massachusetts Sample Letter regarding Petition to Appoint Guardian and Issue Letters of Guardianship