Learn how to file for legal guardianship of an incapacitated adult and find out which forms you'll need to file.
- This page, File for guardianship of an incapacitated person, is offered by
- Probate and Family Court
- Massachusetts Court System
File for guardianship of an incapacitated person
The Details
What you need
The Probate and Family Court may assign a guardian to make some or all decisions for an incapacitated person. The person asking to be named guardian is called the petitioner, and the person believed to be incapacitated is called the respondent. To ask to become a guardian for an incapacitated person, first you need to decide what type of guardianship you want to file for: plenary (complete) or limited. You can learn more about the types of guardianship on the page responsibilities of a guardian of an incapacitated person. Find more information about court required duties as a guardian of incapacitated persons.
Learn more about what forms are required to be filed to start a new court case or new subsequent action on the Probate and Family Court Uniform Guide to Filings page.
Next, you'll need to file these forms:
Required at initial filing:
- Petition for Appointment of Guardian for an Incapacitated Person (MPC 120)
- Medical Certificate (MPC 400) OR Clinical Team Report (MPC 402)
- Medical Certificate must be dated within 30 days of filing the petition
- Clinical Team Report must be dated within 180 days of filing the petition
- Bond (MPC 801) (proposed)
- If Petition requests some suitable person be appointed, this may be filed at court hearing
- Decree and Order of Appointment of Guardian for an Incapacitated Person (proposed) (MPC 720)
- If Petition requests some suitable person be appointed, this may be filed at court hearing
- Military Affidavit (TC0002) See Uniform Probate Court Practice XXV: Military affidavits | Mass.gov
Best case practice; to be filed prior to court hearing:
- Court Activity Record Information (CARI) and Warrant Management System (WMS) Release Request (CJP 34) for proposed guardian(s)
- If box #15 is checked off:
- Clinician’s Affidavit as to Competency and Treatment (MPC 800)
- Proposed Treatment Plan (MPC 825) with proposed findings (if request to treat with antipsychotic meds)
- Affidavit from treating clinician and proposed findings (if there is a request for extraordinary authority, or authority for which a substituted judgment determination may be required)
- If available, a copy of the following must be filed with the court: a document nominating a Guardian, a current Conservator, a Representative Payee, a Health Care Agent, and/or a Durable Power of Attorney/Agent
Some of these forms may not display properly in your browser. Please download the form(s) you need and open them in Acrobat Reader. For more information, please see What to do if you can't open court PDFs.
Fees
There may be a fee for service of process, which can vary.
If you're appointed guardian, the court will give you a copy of the "letters of appointment" for free.
| Name | Fee | Unit |
|---|---|---|
| Additional letters of appointment for guardianship | $25 | each |
How to file
File for guardianship at the Probate and Family Court in the county where:
- The incapacitated person lives when the petition is filed or
- A will nominating the guardian was or could be probated or
- The incapacitated person is admitted to a facility under a court order
You can mail the forms and fees to the correct Probate & Family Court.
You can eFile your forms online at eFileMA. For more information on how to eFile, please see eFiling in the Probate and Family Court.
Next steps
Give notice
You need to ask a disinterested person (someone who has no stake in the case) to give notice to the incapacitated person in person by delivering a copy of the petition and the citation (Notice and Order) 14 days before the return date listed in the citation. You'll also need to give notice by regular, first class mail to:
- Everyone named in the petition
- The U.S. Veteran's Administration
- The Department of Developmental Services (if the person is intellectually disabled)
If you don't know where one of the interested parties is, the court will give you instructions for how to publish the notice in a newspaper the court chooses. You may be eligible for a fee waiver to cover the cost of publishing the notice in a Massachusetts newspaper.
You should also file the original Notice of Hearing and Certificate of Service with a signed, completed Return of Service with the court. If you published the notice, you should also file:
- The original uncut tear sheet from the newspaper
- Any returned, undelivered, certified mail cards which were sent to all interested persons
- Signed green cards
Any interested person listed in the petition can file an objection to the petition for temporary or permanent guardianship - Notice of Appearance (and Objection) (MPC 505a)
More info
If you're appointed as a guardian, you'll need to file a Guardian's Care Plan/Report (MPC 821) within 60 days of being appointed as a permanent guardian. You'll need to file this form annually.
If the incapacitated person becomes able to exercise rights that were taken away by the guardianship, you should tell the court immediately.
Court appointed duties
Learn about court required duties as a guardian of an incapacitated person or as a conservator of a protected person.
Downloads
Open PDF file, 1.46 MB,
Medical Certificate Guardian or Conservatorship (MPC 400)
(English, PDF 1.46 MB)