Learn about the forms and responsibilities of a conservator of a protected person

Find out what forms you need and what your responsibilities are if you're appointed as conservator of a protected person (an incapacitated adult).

What forms do I need to file as a conservator for adult?

Forms required at initial filing:

• Petition for Appointment of Conservator for Disabled Person or For Single Transaction (MPC 130)
• 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.

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 conservator(s)
• If available, a copy of the following must be filed with the court: a document nominating or appointing a Guardian, a Conservator, a Representative Payee, a Health Care Agent, and/or a Durable Power of Attorney/Agent
• If seeking authority for estate planning powers, a copy of the following must be filed with the court: estate plan, will, trust, and motion to appoint a GAL

What forms do I need to file as a conservator for minor?

Forms required at initial filing:

• Petition for Appointment of Conservator for Disabled Person or For Single Transaction (MPC 130)
• Child Care or Custody Disclosure Affidavit. In cases involving a child, use this form to tell the court about any other open or closed cases involving the child.  You must file the Affidavit in cases involving the care, custody, visitation, or change of name of a child.  See Trial Court Rule IV for more details.
  • Each petitioner must sign their own Child Care or Custody Disclosure Affidavit
  • Supplemental Child Care or Custody Disclosure Affidavit. In cases involving more than 4 children, use this form along with the Child Care or Custody Affidavit for additional space to tell the court about any other open or closed cases.  See Trial Court Rule IV for more details. 
• Bond (MPC 801) (proposed) 
  • If Petition requests some suitable person be appointed, may be filed at court hearing
• Decree and Order of Appointment of Conservator (proposed) (MPC 730)
  • If Petition requests some suitable person be appointed, may be filed at court hearing
• Military Affidavit (TC0002) See Uniform Probate Court Practice XXV: Military affidavits | Mass.gov
  • For any interested persons who have not assented to the Petition

Best case practice; to be filed prior to court hearing:

• Certified Copy of Birth Certificate (if not already in an existing file)
  • Strongly recommended at time of initial filing
• If unable to obtain a certified copy:
  • Motion to Order Release of Certified Copy of Birth Certificate to the Court, OR
  • Motion to File Late with supporting Affidavit or Verified Motion
• If there is a deceased legal parent: Copy of the Death Certificate
• Court Activity Record Information (CARI) and Warrant Management System (WMS) Release Request (CJP 34) for proposed conservator(s) and/or parent(s)
• If available, a copy of the following must be filed with the court: document nominating or appointing a Guardian, a Conservator, or any order or other relevant documents
• If seeking authority for estate planning powers, a copy of the following must be filed with the court: estate plan, will, trust, and motion to appoint a GAL

What forms I may need when I am appointed as a conservator?

• File Inventory (MPC 854) or Inventory Without Schedules (MPC 854a)within 90 days of when you were appointed as conservator.
• File Account (MPC 853) or Account Without Schedules (MPC 853a) and a Petition for Allowance of Account (MPC 857)every year within 60 days of your appointment anniversary.
• File a final Account (MPC 853) or Account Without Schedules (MPC 853a) with the Petition for Order of Complete Settlement (Conservator) (MPC 860) if/when you resign, are removed, or when the protected person dies or the conservatorship ends. The final account is due 60 days from when the conservatorship ends.
• File a Conservator's Financial Plan (MPC 831) only if the court orders it.
• File a Petition to Expand/Modify/Limit/Conservator (MPC 230) if you need to change your responsibilities for any reason.
• File a Petition for Resignation of Guardian and/or Conservator (MPC 202) if you don't want to serve as a conservator anymore.
• File a Petition for Termination of a Guardian/Conservator (MPC 203)if the protected person doesn't need a conservatorship anymore.

See Probate and Family Court Uniform Guide to Filings for forms that are required to be filed with the Probate and Family Court to start a new court case or new subsequent action.

What are my responsibilities as a conservator?

Once you're approved by the court as a conservator for a protected person, these are your responsibilities. 

• To serve as a fiduciary responsible for managing the protected person’s property, but only as the court authorized in the decree. 
• To encourage the protected person to participate in decisions, act on their own behalf, and regain the ability to manage their estate and business matters to the extent possible.
• To tell the court if your address or the protected person’s address change.
• To tell the court if the protected person dies by filing a copy of their death certificate and a final account.