Contact for Transfer a guardianship or conservatorship case to Massachusetts
Probate and Family Court locations
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 in another state can ask the Massachusetts Probate and Family Court to accept the guardianship or conservatorship. To do this, you’ll need to file these forms:
- Petition Requesting Massachusetts to Accept Guardianship Conservatorship From Sending State (MPC 111)
- A certified copy of the other state's transfer order
- The appropriate bond
Fees for Transfer a guardianship or conservatorship case to Massachusetts
There is a fee for a conservatorship transfer, but 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 in the county where the incapacitated/protected person lives.
Next steps for Transfer a guardianship or conservatorship case to Massachusetts
You need to ask a disinterested person (someone who has no stake in the case) to give notice to the respondent in person by delivering a copy of the petition and the citation (Notice and Order) 14 days before the hearing. 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
More info for Transfer a guardianship or conservatorship case to Massachusetts
There will be a hearing if anyone who was given notice asks for one or if the court chooses to have one. Any interested person can object to the transfer by filing a Notice of Appearance and/or Objection (MPC 505a). The incapacitated/protected person can have a lawyer assigned to them if anyone requests it or if the judge orders it.
The case can be handled without a hearing if no one requests one and no one objects to the case. The court will issue a temporary order to accept the petition unless:
- A person who objected to the transfer has proved that the transfer would be against the interests of the incapacitated/protected person
- The guardian or conservator isn't eligible to be a guardian or conservator 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 from the sending state .
The Massachusetts court will decide whether the guardianship or conservatorship needs to be changed to follow state laws within 90 days from when the final order accepting the transfer was issued.