| Organization: | Probate and Family Court Massachusetts Court System |
|---|---|
| Date published: | December 30, 2025 |
| Last updated: | July 8, 2009 |
Introduction
The contents of this outline are intended to provide general guidance to Court staff in the handling of guardianship of incapacitated persons and conservatorship cases.
This outline does not cover guardianship of minors matters.
This Outline will be periodically updated on the Probate and Family Court MUPC Hub. For ease of use, alleged incapacitated persons and persons to be protected are interchangeably referred to as Respondents on the forms and throughout this outline.
Table of Contents
- A. Venue
- B. Change of venue
- C. Impoundment
- D. Filing of petition
- E. Issuance of citations
- F. Appointment of counsel: 5106(A)
- G. Nursing facility admissions 5309(G)
- H. Independent medical exams
- I. Motion for temporary guardian 5-308; motion for temporary conservator 5-412a
- J. Appearance of incapacitated person at hearing: 5106(C)
- K. Closed hearings 5106(C)
- L. Third party testimony
- M. Notice of appearance and objection
- N. Allowance of the petition
- O. Bonds 5-208, 5-307, 5-410, 5-411
- P. Guardian plans, reports, and monitoring
- Q. Conservator spending plan, inventory and account, and monitoring
- R. Guardians, health care agents, and durable power holders powers
- MUPC Article V procedural outline - S. Post petition actions
- T. Foreign fiduciaries
- U. Treatment of pending cases or case with a decree as of July 1, 2009