You’ve Been Appointed as a Guardian or Conservator – Now What?

Massachusetts probate courts are seeing a steady increase of individuals petitioning for and being appointed as a guardian, conservator, or both, for elderly, disabled and minor individuals. Petitioning the court is the simple part; unfortunately, the requirements accompanying the appointment are not. As a result, many people are finding themselves in violation of their duties as guardian and conservator, which could result in legal and financial implications. If you are serving…

Setting up a Guardianship for Adult Disabled Child (or Other Family Member)

Do I need a Guardianship for Adult Disabled Child?

Parents frequently tell us that they have been told by someone such as a medical provider or institution administrator that their disabled child must have a formal guardianship granted by the Probate Court when the child reaches adulthood, which in Massachusetts is age 18. Unless the child obviously has very little or no judgmental capacity, our usual response is to first evaluate from a legal and medical perspective whether a less formal…