Massachusetts Guardianship Questionnaire

State:
Multi-State
Control #:
US-Q1017
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a guardianship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

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.

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

If not, you may have to carry some of the costs of a GAL yourself. There is no fixed rate for GALs and total costs for GAL investigations and evaluations vary widely. In general, total charges may range anywhere from $3,000 to $20,000 and beyond for more complicated cases.

To request a temporary guardian, you'll need to file these forms: Temporary Bond, which must be approved by the court. Court Activity Record Information (CARI) for the person asking to become a guardian. ... A verified Motion for Appointment of a Temporary Guardian (MPC 320).

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.

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

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Massachusetts Guardianship Questionnaire