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How guardians are appointed in Massachusetts

Throughout people’s lives in Massachusetts they must make many decisions regarding their life. This could be decisions about what to do with their money, decisions about their healthcare, decisions about where they will live and many other decisions. Many of these decisions have very big impacts on their lives as well. It is important that they are made with a sound mind.

However, for many different reasons sometimes people are unable to make these decisions or they cannot make them with a sound mind. In situations like this people may need to have other people make the decisions for them. The people appointed to make these legal decisions are called guardians. Many times they are someone who is a family member and trusted by the person, but they still need to be appointed through the courts to have the legal authority to make the decisions.

Procedure for Guardianship Appointment

A petition must be filed with the court. The petition must state the name of the incapacitated person and the reason for why the person is unable to make decisions on their own. It also must state the reason why they are seeking a guardianship and be able to provide medical certificate stating the reason for incapacity. The petition also has to state the name and address of the proposed guardian and their relationship to the incapacitated person.

The petition also must state where the incapacitated person will live after the guardian is appointed and information stating how long the guardianship is expected to last based on medical diagnosis.

When people in Massachusetts have a loved one who is struggling with their health or mental capacity it can be difficult. However, it is important that someone is appointed to be guardian to ensure that the person is living in the appropriate place and their affairs are in order. This can be a complicated process though and experienced attorneys may be able to guide one through the process.



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