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To change a guardian, there are two or three steps. the original order. o A person other than the guardian would file a petition for removal. o A guardian would file a petition for resignation. On both forms, one can include the name of a proposed new guardian. File a new petition for appointment of a guardian.
A conservator is appointed to protect and manage the money, property, and business affairs of a protected person. A conservator's duties and responsibilities to the adult or minor include the following: Collect and manage the assets of the protected person's estate. Pay bills and taxes.
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.
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.
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 temporary guardianship generally lasts for less than 90 days. Temporary guardianship powers may be limited. The court will specifically order the temporary guardian's responsibilities. A temporary guardian will go back to court to extend the temporary guardianship until the guardianship becomes permanent.
This means that, as long as the guardianship lasts, the child's parents do not have regular parenting rights. Most of a parent's rights are suspended during a guardianship, and the parent must ask the guardian or the court for permission to spend time with the child or help make decisions for the child.
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.