Guardianships and Conservatorships
Guardianships and Conservatorships
If you are caring for an incapacitated adult or a child who is not yours, you will need the permission of the Probate & Family Court to act on that person’s behalf.
To legally make decisions for another, you must be appointed as that person’s Guardian. To manage the income and assets of another, you can only do so as their Conservator.
Often the person named by the Court as Guardian and/or Conservator is a relative of the incapacitated adult or child, but not always, and this is not a requirement. But in either case, there are a myriad of forms you will be required to complete as the potential Guardian or Conservator. You may be required to obtain a medical certificate from his or her physician describing his or her mental and physical condition and the prognosis. If the incapacitated person has an intellectual disability, you will also be required to obtain a Clinical Team Report. Both forms require that the incapacitated person was seen by the professional(s) completing them within ninety days of your petition.
In some cases, if the situation is dire, you may wish to seek temporary Guardianship or Conservatorship (or both) while orders for permanent Guardianship or Conservatorship are considered. Such appointments may be granted for up to ninety days and can be renewed in the discretion of the Court.
In short, the process can be daunting. At Newburyport Family Law, we will meet with you to discuss the needs of the person you wish to protect. We will ascertain if you should seek Guardianship, Conservatorship or both. We will obtain and assist in the completion of the required forms, providing the requisite notice to the incapacitated individual, Department of Developmental Services and any other interested parties, which in most cases requires publication. We will appear with you at the hearings the Court requires and make certain you understand the rules pertaining to annual reporting.
For more information as to Guardianships and Conservatorships of children, click here.
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Supporting You Through This Process
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