Understanding Guardianships and Conservatorships in Massachusetts

Are you caring for another person and require a legal guardianship in Massachusetts? Are you managing someone else’s money and require a conservatorship?  Are you unsure of which you need or if you need both?

In Massachusetts, guardianships and conservatorships are each established when the respondent is “incapacitated.” A child is deemed to be incapacitated solely by virtue of age. Adults can be incapacitated due to mental or physical illness.

Differences Between Guardianships and Conservatorships

A Guardianship is established if you are caring for another person. This can be a child such as a grandchild or niece or nephew or even the child of a friend. This can also be an adult who, for reasons of physical or mental illness is unable to care for himself or herself.

A Conservatorship is established if you are handling someone else’s funds. Once again, Conservatorships can be established for a child or an adult.

Do I Need a Guardianship or a Conservatorship, or Both?

In some instances, you might need one but not the other. For example, you may require a Guardianship if your grandchild is living with you so you can make decisions relative to his/her education and healthcare. But if the child has no income or assets, you would not need a Conservatorship. 

On the other hand, if you are the parent of a child who has inherited funds from a third party. You may be required to establish a Conservatorship to make certain the funds are used solely for the benefit of the child. But you would not need a Guardianship as you are already the child’s parent.

In other instances, you might need both. For example, if you are caring for an elderly parent or a sick relative and must make decisions as to that person’s healthcare but also manage their bank accounts and pay their bills, then you would need both a Guardianship and Conservatorship.

Get Help With Guardianships and Conservatorships in Massachusetts

At Newburyport Family Law, we assist clients in determining whether a Guardianship or Conservatorship is necessary and in petitioning the proper Court to establish either or both.

Contact Newburyport Family Law today to learn more about Massachusetts Guardianship Laws and get started.