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 somewhere else can ask the Massachusetts Probate and Family Court to accept the guardianship or conservatorship from another state. You’ll 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 also need to give notice to anyone entitled to notice of an original petition for guardianship or conservatorship (§ 5A-302(b)). See file for guardianship of an incapacitated person for more information.
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 division where the incapacitated/protected person lives.
More info for Transfer a guardianship or conservatorship case to Massachusetts
A hearing will be conducted if anyone entitled to notice requests one or by the court sua sponte. Any interested person can object to the proceeding by filing Notice of Appearance and/or Objection (MPC 505a). Counsel can be appointed for the incapacitated/protected person if requested or if the judge orders it.
If no hearing is requested and no objection is filed, the matter can be handled administratively. The court will issue a provisional order granting the petition, unless:
- An objection has been made, and the person who objects has proved that the transfer would be against the interests of the incapacitated/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 the state within 90 days from when the final order accepting the transfer has been issued.