On the day of the first hearing on a Petition for Guardianship, the Petitioner may request appointment of a Temporary Guardian while it is determined whether or not a guardianship should become permanent.
A Temporary Bond must be completed and filed. It must be approved by the Court before the appointment is effective.
The Court will generally require a CARI (Court Activity Record Information) of the proposed guardian on the day of the hearing. CARI includes Criminal Offender Record Information (CORI), juvenile records, and civil restraining order information.
A Verified Motion for Appointment of a Temporary Guardian (MPC 320) file size 1MB may be filed with the Petition.
The Motion MUST state:
- the emergency;
- the risk;
- what authority is required; and
- if the request includes that notice be waived or shortened, must state why.
Within this document, you must provide information about whether the alleged incapacitated person has completed a Health Care Proxy and / or a Durable Power of Attorney.
If a person has a Health Care Proxy and a Durable Power of Attorney and there is no disagreement over care plans, a guardianship may not be necessary.
A Temporary Guardian may be appointed because of the likelihood of immediate and substantial harm to the health, safety, or welfare of the person.
For a temporary guardianship, while Notice is required, the Court may shorten or waive this requirement if the Court finds that an immediate emergency situation exists.
If this Motion is allowed, the Notice of Appointment of Temporary Guardian must be served on the person alleged to be incapacitated and on all interested persons within 7 days following the appointment. The Temporary Guardian may exercise only those specific powers granted in the order.
An appointment of a Temporary Guardian is not a final determination of the respondent’s incapacity.
An appointment of a Temporary Guardian is generally for a short period (up to 90 days). The Court may extend the appointment for additional 90 day periods, or, the guardianship may become permanent.
A guardian does not have the authority to admit an incapacitated person to a nursing facility without a specific court order. The Court must determine that the admission is in the person’s best interest.
There is however, a new law in Massachusetts that allows a guardian to admit an incapacitated person to a nursing facility for 60 days or less.
Guardianship of Incapacitated Persons
- Guardianship of Incapacitated Persons
- Who is Considered an Incapacitated Person?
- Who May Become a Guardian of an Incapacitated Person?
- What Does a Guardian of an Incapacitated Person Do?
- Where Do I File for Guardianship of an Incapacitated Person and What is the Fee?
- What Forms Do I File for Guardianship of an Incapacitated Person?
- Requesting Temporary Guardianship of an Incapacitated Person
- Permanent Guardianship of an Incapacitated Person
- Reporting On, Changing or Ending Guardianship of an Incapacitated Person
- Getting Help with Filing for Guardianship
- More Information on Guardianship of Incapacitated Persons