In Massachusetts, a guardian must be appointed by the Probate and Family Court.

Anyone interested in the Respondent's welfare may file a Petition for Guardianship.

You do not become guardian automatically just because you are the parent of an incapacitated adult child.

The Court shall not appoint as guardian any person who is currently being investigated or who has charges pending for committing an assault and battery that resulted in serious bodily injury to the Respondent, or, for neglect of the Respondent.

The person asking to become the guardian is called the Petitioner.