Find out how to become a Rogers guardian.
- This page, File for a Rogers guardianship, is offered by
- Probate and Family Court
- Massachusetts Court System
File for a Rogers guardianship
Contacts
Probate and Family Court locations
The Details of File for a Rogers guardianship
What you need for File for a Rogers guardianship
To become a Rogers guardian, you'll need to file these forms:
- Petition for Appointment of Guardian for an Incapacitated Person (MPC 120). In this form, you need to specifically ask for permission to give antipsychotic medication or other “extraordinary” medical treatment. You must check the box at #14, “to treat Respondent with antipsychotic medication in accordance with a Treatment Plan” or “for the treatment or action.”
- Bond (MPC 801). The Bond promises that the person filing agrees to do what the court says. Since this appointment won’t give the guardian permission to control the respondent's (the person you think needs assistance) assets, the bond may be without sureties. You will need to fill out the estimated value of the respondent’s real estate and personal estate.
- Medical Certificate Guardian or Conservatorship (MPC 400) for an incapacitated person who is mentally ill. The respondent must be examined within 30 days of each hearing date. A registered physician, a licensed psychologist, or a certified psychiatric nurse clinical specialist must sign the medical certificate.
- Clinical Team Report (MPC 402) for an incapacitated person who is developmentally delayed. The respondent must have been examined within 180 days of the day the petition is filed. A physician, a licensed psychologist, and a social worker must sign the Clinical Team Report.
- Clinician's Affidavit as to Competency and Treatment (MPC 800). A licensed physician, psychiatrist, or certified psychiatric nurse clinical specialist who treats or has evaluated the respondent must complete the Clinician’s Affidavit.
There are no filing fees.
If there is an emergency while a guardianship petition is pending, the court may appoint a temporary guardian for a specific purpose, for a specific amount of time (usually 90 days).
If you need help, please see learn how to get help with filing for guardianship.
How to file File for a Rogers guardianship
File for a Rogers guardianship in the Probate and Family Court in the county where:
- The respondent lives, or
- A will nominating a guardian could be probated, or
- An incapacitated person is checked into a facility under a court order
Next steps for File for a Rogers guardianship
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Serve the citation
The court will issue a citation with a “return date.” Anyone who disagrees with it must file an appearance form by the return date. You must have the citation delivered to the respondent in person by a disinterested person (someone who is not involved in the case). You can send the notice to other interested parties by mail or in person. If you don't know where an interested party lives, the court will have you publish the citation in the respondent’s local newspaper. You may be eligible for a fee waiver to cover the publication cost.
Go to the hearing
You need to submit proposed Findings of Fact and a proposed Treatment Plan (MPC 825) at the hearing. Findings of Fact is a document you create on your own. The Treatment Plan includes the antipsychotic medication(s) being proposed (with dosage and dosage range) and lists any alternative medications that might be used within the next 12 months.
The court also requires the proposed guardian to go through a CARI (criminal record check).
If the judge decides the respondent is competent to make their own decisions, the guardianship petition will be dismissed.
If the court finds that the guardianship should be allowed, and that the Rogers Treatment Plan should be approved, the court will issue a decree, findings, and approve a treatment plan. The court will appoint a guardian (who may be the petitioner(s) or a different person), and a Rogers monitor. The guardian and the Rogers monitor may be the same person or 2 different people
Submit a Guardian Report/Care Plan
The guardian must file an initial Guardian's Care Plan/Report (MPC 821) 60 days after the permanent guardian is appointed.
More info for File for a Rogers guardianship
Yearly review
The court will set a review date for 1 year after the permanent decree. At the yearly review, the court will consider reports submitted and make one of three choices:
- Continue the treatment plan for another year if there are no changes, or
- Approve a different treatment plan, or
- Dismiss the guardianship if a doctor has found that the incapacitated person doesn't need to continue taking antipsychotic medications and has regained the ability to make their own decisions.
The guardian, respondent, or any other interested party may request a court hearing if they feel it’s necessary.
Learn how to file for administrative process for uncontested annual Rogers reviews.
Nursing home admission
After the court has issued a Decree and Order of Appointment, if the guardian wants to admit the incapacitated person to a nursing facility for 60 days or less, they must file a Notice of Intent to Admit to a Nursing Facility for Short Term Services (MPC 829). If you expect the incapacitated person will need to stay in a nursing home for more than 60 days, you must file a Petition to Expand/Modify/Limit the Powers of a Guardian (MPC 220).
Downloads for File for a Rogers guardianship
Open PDF file, 1.46 MB, Medical Certificate Guardian or Conservatorship (MPC 400) (English, PDF 1.46 MB)Open PDF file, 1.12 MB, Guardian's Care Plan/Report (MPC 821) (English, PDF 1.12 MB)Contact for File for a Rogers guardianship
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