File for guardianship of an incapacitated person

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.

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) For plenary guardianship, you must check the box explaining why you need more than limited powers. For a limited guardianship, you must include the Exhibit that lists recommended Limitations to Powers.
• Medical Certificate (MPC 400) This certificate needs to be completed and signed by a registered physician, licensed psychologist, or certified psychiatric nurse clinical specialist. The incapacitated person must be examined within 30 days of when the petition is filed.
  OR
  Clinical Team Report (MPC 402) if the person has an intellectual disability. The report needs to be filled out by a physician, licensed psychologist, and a social worker. The incapacitated person must be examined within 180 days from when the petition is filed.

Additional filings

These forms are not required at initial filing. These forms may need to be filed before the court can give you a hearing date or have your case heard by a judge. The division where you file can help answer questions on when these forms should be filed. 

• Decree and Order of Appointment of Guardian for an Incapacitated Person (proposed) (MPC 720)
• Bond (MPC 801) The Bond confirms that you agree to the jurisdiction of the court that is issuing the Letters of Appointment as guardian. You can request that the bond is without sureties, with personal sureties, or with the support of a corporate surety bond. In guardianships, the surety is usually waived. The bond must include the estimated value of the incapacitated person's real estate and personal estate. 
• Court Activity Record Information (CARI) and Warrant Management System (WMS) Release Request (CJP 34) for proposed guardian(s)
• Military Affidavit when the defendant does not file an answer or appearance, or not appear on the hearing date. If you do not have a lawyer and are representing yourself in a case, use the Military Affidavit Instructions for Self-Represented Litigants to help you fill out the Military Affidavit form.
• 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.

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.