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Massachusetts Guardianship Practice Areas

Massachusetts 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 orfor 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 an attorney at Baker Law Group of Massachusetts to discuss your options and protect your future plans at 800-701-0352.

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  • Home
  • Practice Areas
    • Estate Planning
      • Overview
      • Estate Planning Attorneys
      • High Net Worth Estates
      • Asset Protection
      • Durable Powers of Attorney
      • Homestead Declaration
      • Trust Types Explained
      • Retirement Accounts
      • Healthcare Proxy / Medical Directive
      • Living Wills
    • Elder Law
      • Overview
      • Asset Protection and Elder Law
      • Life Estate Deed
      • Masshealth / Medicaid
      • Long-Term Care / Nursing Home
      • VA Benefits
      • FAQS for Elder Law (MA)
      • Elder Law Attorneys
    • Trust, Will & Estate Administration
      • Overview
      • Estate Administration Wrongful Death
      • Federal Estate Tax
      • Probate Attorneys FAQ
    • Guardianship and Conservator
      • Guardianship Attorney
    • Premarital Agreements
    • Business Planning
      • Selecting a Business Structure
      • Business Asset Protection
      • Limited Liability Company (LLC)
    • Massachusetts Lottery Trusts
  • Baker Law Group
    • About Us
    • Attorney Profiles
  • Client Reviews
  • Blog
  • Media
  • Contact Us
  • 781-996-5656
Baker Law Group P.C. – Estate Planning