Massachusetts Sample Letter for Order Appointing New Conservator

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Multi-State
Control #:
US-0824LTR
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Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.

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FAQ

Guardian/conservator fees Type of pleadingFiling feeAppointment of Conservator or for Single Transaction, Petition$240Appointment of a Guardian, PetitionNo FeeExpand, Modify, Limit Powers of a Conservator, Petition$150Expand, Modify, Limit Powers of a Guardian, PetitionNo Fee4 more rows

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 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.

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.

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.

Guardianship of an Incapacitated Person in Massachusetts There are three kinds of guardianship of an incapacitated person: plenary, limited, and Rogers.

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.

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.

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Massachusetts Sample Letter for Order Appointing New Conservator