1. What is the difference between guardianship and conservatorship in Massachusetts?
Guardianship typically involves making personal and medical decisions for an incapacitated adult or minor, while conservatorship focuses on managing the financial affairs and assets of the incapacitated person. Both require court appointment and oversight under Massachusetts law.
2. How does the Massachusetts Uniform Probate Code affect guardianships and conservatorships?
The Uniform Probate Code, recently adopted in Massachusetts, standardizes procedures for appointing guardians and conservators, emphasizing protection of civil rights and autonomy. It also introduced the Office of Adult Guardianship and Conservatorship Oversight (OAGCO) to monitor and improve court supervision of these arrangements.
3. What are the responsibilities of a guardian or conservator in Massachusetts?
Guardians must act in the best interest of the ward, making personal, medical, and sometimes financial decisions, while conservators manage the ward’s assets responsibly. Both must file annual reports with the Probate Court detailing care plans or financial accounts to ensure transparency and accountability.
4. Can guardianships or conservatorships be transferred if the ward moves out of Massachusetts?
Yes. Under Massachusetts General Law Chapter 190B, Section 5A-301, a guardian or conservator can petition the court to transfer the guardianship or conservatorship to another state, provided the receiving state accepts jurisdiction.
For personalized guidance on guardianships and conservatorships in Boston and throughout Massachusetts, contact Albanese Law, LLC to schedule a consultation with an experienced attorney.
