Guardianship Attorney
Massachusetts Guardianship Attorney
Services for the appointment of a legal guardian
Guardianship in Massachusetts can be established for a minor or an individual who is incapacitated. It may be established in an emergency or temporary basis, or for an extended period of time. Our attorneys help clients to understand the responsibilities of a guardian and assist with the requirements to appoint a guardian.
Guardianship Attorney for the Incapacitated
A guardian is appointed by a probate court to serve as a decision-maker and manage the personal affairs of an individual who is a minor, mentally incompetent, disabled, or suffering from a physical ailment that renders them incapacitated or incapable of making responsible decisions. A court may create a limited guardianship if it determines that the individual in need of a guardianship, called the ward, may require help with only some of her affairs, restricting the guardian’s power to only the necessary areas or specific tasks.
Because guardians are often granted a wide range of authority, the court holds them accountable for their actions to ensure that no abuse of privilege or possible neglect is occurring.
For this reason, a relative or a trusted friend is typically appointed. Guardianships can be appointed on an emergency or temporary basis, as well as through a Will.
Guardianship Attorney for when there is no Health Care Proxy
In an emergency or temporary guardianship, any person with an interest in the potential ward’s well-being can request appointment by the court. In emergency situations,the individual petitioning the court for guardianship must prove that the potential ward has become incapable of making decisions and to what extent his incapacitation runs. Sometimes, the guardianship is limited for a specific purpose or for a limited time period. In this case, the guardianship terminates once the particular duty has been fulfilled or when the time period expires.
Testamentary Guardian for Minor Children in Legal Will
A guardianship is strictly for purposes of decision-making. A guardian has no right to custody and owes no financial obligations to the ward. In Massachusetts, guardianships are no longer granted to control the management of a ward’s financial affairs. This is a separate proceeding in which a conservator is appointed. Depending on your future plans and specific needs, you may wish to employ a less-restrictive alternative to a guardianship or conservatorship that does not require a lengthy and expensive court proceeding. This may include a Durable Power of Attorney, a Healthcare Proxy, a Living Will, or a Trust.
Contact Us
Complete our online form to Schedule a Free Consultation or call Baker Law Group at 781-996-5656 or 800-701-0352 to set up a confidential meeting. Consultations are available by phone or at one of our offices in Hingham, Plymouth, Brockton, and Holliston.