Contact for Transfer a guardianship or conservatorship case to Massachusetts
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The Details of Transfer a guardianship or conservatorship case to Massachusetts
What you need for Transfer a guardianship or conservatorship case to Massachusetts
A guardian or conservator appointed somewhere else may petition the Massachusetts Probate and Family Court to accept the guardianship or conservatorship from another state. You will need to file:
- Petition Requesting Massachusetts to Accept Guardianship Conservatorship From Sending State (MPC 111)
- A certified copy of the other state's provisional order of transfer
- The appropriate bond
You'll need to give notice in both the transferring state and Massachusetts to anyone who would be entitled to notice if the petition was for appointment (§ 5A-302(b)).
Fees for Transfer a guardianship or conservatorship case to Massachusetts
There is no fee for a guardianship transfer.
|Conservatorship fee to transfer a case to Massachusetts||$240||each|
|Surcharge for transferring a conservatorship case to Massachusetts||$15||each|
How to transfer Transfer a guardianship or conservatorship case to Massachusetts
File your paperwork in the Probate & Family Court division where the incapacitated/protected person lives.
More info about Transfer a guardianship or conservatorship case to Massachusetts
Upon request of anyone entitled to notice, or by the court sua sponte, a hearing will be conducted. An interested person may object to the proceeding by filing Notice of Appearance and/or Objection (MPC 505a). Counsel can be appointed for the incapacitated/protected person upon request or by order of the judge.
If no hearing is requested and no objection is filed, the matter may be handled administratively. The court will issue a provisional order granting the petition, unless:
- An objection has been made, and the objector establishes that the transfer would be contrary to the interests of the incapacitated or protected person
- The guardian or conservator isn't eligible for appointment in Massachusetts
The court will issue a final order accepting the guardianship or conservatorship and appointing the guardian or conservator when they receive a final order issued by the sending state transferring the proceeding to Massachusetts.
Massachusetts will determine whether the guardianship or conservatorship needs to be modified to conform to the laws of of the state no later than 90 days after the final order accepting the transfer of a case has been issued.