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Apr 08, 2026
Guardianships and conservatorships are very different, even though they both involve the appointment of a person to help manage another person’s affairs. Both are used to control the medical decision-making and asset management for incapacitated adults and minor children who are unable to make those decisions on their own. There are key differences between the two as we explore guardianship vs. conservatorship in Massachusetts.
Our team at Albanese Law, LLC, understands how important it is to have all details of your estate planned, including the care of vulnerable loved ones currently in your care. Our firm has been representing individuals and families in Massachusetts, offering comprehensive estate planning services to help protect their assets and see that loved ones are cared for after they are gone.
Guardianship in Massachusetts
Massachusetts appoints guardians solely to protect a person. The court may appoint a guardian for someone who is incapacitated due to disability or illness. Guardians are also assigned to minors if their parents can no longer care for them due to illness or death. In most cases, guardianship for minors lasts until the child turns 18.
Guardianships can have varying terms and can be considered limited or temporary. In Massachusetts, a guardian can be given authority to make decisions for:
- Medical care and treatment
- Personal care
- Living arrangements
- Education and vocational training
Conservatorship in Massachusetts
A conservatorship is appointed when a person can no longer make financial decisions about their property and assets. The purpose of a conservatorship is to protect the financial interests of someone unable to manage their finances independently. Conservatorships are often placed for someone who has Alzheimer’s, special needs, disability, or is in a coma.
The conservator becomes responsible for paying bills, managing their finances, and controlling all purchase decisions. As with guardianships, different conservatorships can be established. The different conservatorship options are:
- Emergency conservatorship. Meant to be temporary and lasting 90 days.
- Traditional conservatorship. Lasts until the person dies or is revoked by a judge.
- Financial conservatorship. Only manages the person’s finances.
Conservators are paid for their work managing the person’s estate. Compensation must be approved by the court. If an attorney is acting as a conservator, they cannot charge the usual hourly rate for legal services.
Guardianships Vs. Conservatorships
In Massachusetts, both guardianships and conservatorships are valuable tools for protecting vulnerable individuals who are unable to make decisions for themselves. Guardianships are more for those who need assistance with personal or healthcare needs and are more often used for minor children when their parents can no longer care for them, or for special-needs adults.
Conservatorships are more focused on the person’s financial affairs. It is important to understand these differences when making the choice on which is right for your loved one. A guardianship lawyer can help review the unique circumstances of your situation and provide guidance on the right choice for your family.
In 2012, Massachusetts enacted the Massachusetts Uniform Probate Code, which streamlines and simplifies the state’s probate process. This code standardized the process for appointing guardians and conservators while protecting the ward’s civil rights and autonomy. It also enacted the Office of Adult Guardianship and Conservatorship Oversight (OAGCO) to improve court supervision and monitoring of these arrangements.
FAQs
What Is the Difference Between a Guardianship and a Conservatorship in Massachusetts?
A guardianship manages the personal care, health, and daily living decisions for a minor, special needs adult, or incapacitated adult. A conservatorship manages a person’s finances, property, and assets. A conservator handles all bills, bank accounts, and investments, and pays all bills and debts. A guardian makes all medical and housing decisions for the individual.
Both guardians and conservators are appointed by the Massachusetts Probate and Family Court. A person may also require both a guardian and a conservator simultaneously.
What Is the Downside of Guardianship in Massachusetts?
A downside of guardianship is that it’s a court-ordered position that costs the ward some of their freedoms, and they lose the right to make their own healthcare, financial, and housing decisions. Guardianships require guardians to comply with mandatory reporting to the probate court. The incapacitated person may also lose their right to vote, marry, or drive.
Guardianship proceedings are public and held in the probate court. This can upset families as private, sensitive family information is made public.
Who Can Benefit From a Guardianship in Massachusetts?
Anyone can benefit from a guardianship in Massachusetts. Of the 7 million people who live in the state, many could benefit from exploring guardianship and how it works. An experienced lawyer can be a great resource to begin with if you have questions surrounding guardianships. A lawyer can answer any questions you have and advise you on what is most appropriate.
How Much Does a Guardian Get Paid in Massachusetts?
Guardians in Massachusetts are entitled to “reasonable compensation” from the ward’s assets. This amount can vary for family members, but is subject to court approval. If the guardian is a family member, they may opt for a lower amount. Professional guardians are paid by the Department of Developmental Services and generally have pay limits.
Alternative funding programs include the Adult Family Care (AFC) program, which is a part of Medicaid and offers stipends for caregivers.
Is Guardianship Better Than Conservatorship?
Neither guardianship nor conservatorship is better than the other. They serve different purposes. Guardianships focus on health, safety, and living arrangements and are used for minors or adults who are unable to make those decisions on their own. A conservatorship is more focused on the financial management of the person’s assets.
Although neither is better than the other, there are instances when someone may require and have both. A guardianship lawyer can help determine which option is right for you.
Hire a Guardianship Lawyer
Our compassionate team understands how difficult it can be to name a guardian or a conservator for someone you love. At Albanese Law, LLC, we have been guiding families through this process to find the right option for them for nearly a decade. Call to schedule an appointment at one of our offices in Mashpee, Milton, or Brockton.
