Guardianship & Conservatorship Attorney
Guardianship Of An Adult
Guardianship is the legal process to appoint a caretaker for adults who are unable to make or communicate effective decisions about their everyday self-care, health, and safety. The Massachusetts Probate and Family Court can appoint a Guardian to make some or all personal decisions on the adult’s behalf. A guardianship protects the adult’s rights and independence and can be limited to areas where the adult’s ability is impaired.
Guardianship Of A Minor
Guardianship of a Minor is the legal process to appoint a caretaker for a child under the age of eighteen not under a parent’s care. The Massachusetts Probate and Family Court can give custody and care of a child to a Guardian if a parent gives permission or the court finds the parent is unable or unavailable to provide care. If the Parents are alive, there must be a finding of unfitness in order for a Guardianship Petition to be granted. A Guardian takes on the role of a parent, providing a stable home and making everyday decisions about a child’s health, education, and safety.
Conservatorship is the legal process to appoint a financial caretaker for minors or for adults. Conservators are appointed for minors who are not in their parents’ care or where the parents should not be handling the financial affairs of the minor child. Conservators are appointed for adults who are unable to make or communicate decisions about their money, property, or business affairs, or where the adult’s property would be wasted or subject to financial exploitation due to the mental condition of the adult. A conservatorship protects the adult’s rights and independence and can be limited to areas where the adult’s ability is impaired.