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Types of guardianships 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.
The guardian determines where the incapacitated person lives, monitors their residence, provides consent for medical treatment, and makes sure her everyday basic needs are met.
Terms of a custody agreement can also define other aspects of care, such as medical and education expenses and other financial obligations as well as shared living arrangements. Legal guardianship is what a court may grant someone other than a biological parent. It would give an adult the right to care for a minor.
A person can petition to serve as both a guardian and conservator of an incapacitated person or minor. 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.
There is no filing fee for a guardianship petition. The petitioner must pay for the cost of providing notice to all interested parties, which sometimes requires service by publication in a newspaper selected by the Court. There is a $75 filing fee for a bond with sureties.
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.
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.