If you’re in Massachusetts and handling family estate planning, it’s important to understand how conservatorships and guardianships work. Massachusetts law distinguishes between a conservator, who handles decisions about a person’s finances and property, and a guardian, who handles decisions about a person’s care and personal well-being. To establish a conservatorship or guardianship, reach out to an experienced estate planning and probate law firm in your area, such as Daigle Law Office.
How Do Conservatorships and Guardianships Help People?
A conservatorship or a guardianship is a legal relationship between two people. One is a person who needs help managing their affairs (called a “ward”). As mentioned above, the affairs could be their finances and property, or their personal care and medical care. The other person involved is appointed by a court to manage those affairs (called a “conservator” and/or “guardian”). Courts don’t appoint conservators and guardians lightly. The consensus is to preserve the ward’s independence as much as possible. But some people truly need the assistance that a conservator or guardian can provide.
Who May Need a Conservatorship or Guardianship?
People who need a conservatorship or guardianship are struggling or failing to manage aspects of their lives. They may have become mentally incapacitated, have had a significant medical event, or be dealing with a long-term illness. People in need of a conservator might be unable to manage their money or property, be at risk of financial exploitation, or have complex or large assets that require more diligent oversight than they are receiving. People in need of a guardian might have cognitive impairments (such as dementia), developmental disabilities, serious illness, or serious injury. They may have had trouble with decision-making, understanding medical information, or taking care of themselves.
Who Can Act as a Conservator or Guardian in Massachusetts?
In Massachusetts, any interested person can become a conservator or guardian. They must be over 18. The court considers the person’s relationship with the ward and whether the person has the ability and time to manage the ward’s affairs effectively. In some cases, a conservator or guardian can be appointed to make only specific decisions for a ward. In other cases, they’re appointed to make all decisions. There are also temporary or emergency conservatorships/guardianships available if needed.
How to Set Up a Conservatorship or Guardianship
You must file a petition with the Massachusetts Probate and Family Court to set up a conservatorship or guardianship. Following the proper legal process is very important, or the relationship will not have a legally binding effect. When a conservator or guardian is needed, there are often complex family dynamics, ethical issues, and communication difficulties. It’s imperative to have an experienced estate planning and probate attorney guide you through the process.
Frequently Asked Questions
What are the ward’s rights in a conservator or guardian court case?
The ward has the right to attend the hearing on the conservatorship or guardianship petition. They can contest the petition if they choose. They also have the right to a lawyer to represent their interests. The court supervises conservators and guardians over time to protect wards’ interests. Moreover, conservators and guardians should encourage wards to make any decisions they are capable of making for themselves.
How long does a conservatorship or guardianship last?
A conservatorship or guardianship lasts as long as the court orders. Temporary appointments last up to 90 days (and can be extended by the court), to allow time for the court to hear a pending petition for a more permanent appointment. If someone is no longer incapacitated or no longer needs protection, the court can end the guardianship or conservatorship.
Your Local Estate Administration and Probate Lawyers
Are you looking for a dependable, experienced estate administration and probate lawyer who can help you file a guardianship or conservatorship petition? You’ve come to the right place. Daigle Law Office’s attorneys can provide you with experienced Massachusetts estate administration advice. We help clients dealing with complicated situations who need solid and reliable information from knowledgeable local lawyers. Daigle Law Office’s attorneys consult with clients on Cape Cod and in eastern Massachusetts. To schedule a free initial consultation, call 508-771-7444 or use our convenient Contact Form.
