Guardianship, Mass. Trial Court
The information in this section helps you understand the legal process of guardianship, the role of a guardian, and the required forms when you file for guardianship.
MGL c.190B, Article V. Protection of Persons Under Disability and Their Property
A complete overhaul of Mass. law, the Uniform Probate Code's provisions strive to enhance protection for the individuals' civil rights and autonomy.
MGL c.190B, Article 5A, as added by St.2014, c.225. Uniform Adult Guardianship and Protective Proceedings Jurisdiction.
Provides a procedure for situations in which a caregiver lives in another state, or when the person involved lives in more than 1 state.
Guardianship of K.N., 476 Mass. 762 (2017)
The SJC held that, exercising equitable powers, a probate and family court judge could use sound discretion to appoint counsel for an indigent guardian in a removal contest under the Massachusetts Uniform Probate Code, G.L.c. 190B, §5-212.
Guardianship of Kelvin, 94 Mass. App. Ct. 448 (2018)
Explains the burden of proof in a petition to remove a guardian. The "mother had the initial burden... of producing some credible evidence of changed circumstances since the initial guardianship determination... Once the mother satisfied this burden of production, the guardian then bore the ultimate burden of proving, by clear and convincing evidence, that the mother remained unfit and that continuation of the guardianship served Kelvin's best interest."
Guardianship of V.V., 470 Mass. 590 (2015)
A "parent whose minor child is the subject of a guardianship proceeding pursuant to G. L. c. 190B, § 5-206, and who cannot afford counsel has a right to have counsel appointed and to be so informed."
L.B. v. Chief Justice of the Probate and Family Court Dept., 474 Mass. 231 (2016)
"When an indigent parent who is not represented by counsel seeks... to remove a guardian who has been appointed for a minor child,...the parent has a due process right to counsel to prosecute such a petition, and to be informed of this right, provided the parent presents a meritorious claim for removal...similarly, ... an indigent parent who petitions to modify the terms of a guardianship by seeking a substantial change in the provisions for visitation is entitled as a matter of due process to counsel, and to be informed of this right, provided the parent presents a meritorious claim."
- Guardians and Other Caregivers, MassLegalHelp. Explains difference between guardianship and caregiver and discusses the resignation and removal of guardians.
- Handbook for Massachusetts Conservators
Explains the rights of individuals and the obligations of conservators, as well as how to terminate the conservatorship.
- Limitations to Guardianship for Attorneys and Judges and Limitations to Guardianship for Clinicians Mass. Probate and Family Court
Provides examples of types of limitations that can be applied to guardianship under the Mass. Uniform Probate Code.
- Massachusetts Guardianship Association
"The MGA is a non-profit organization offering information and resources to individuals, families, and professionals on Guardianship and related matters in Massachusetts." On this site, you can find Information and Videos on Guardianship of a Minor, Guardianship of an Adult, including info on a Roger's Guardianship, Conservatorship, and Alternatives to Guardianship and Conservatorship for Adults.
- MUPC Article V Procedural Outline for Guardianship of an Incapacitated Person, Conservatorship of a Protected Person, Mass. Probate and Family Court, 2009
"The contents of this outline are intended to provide general guidance to Court staff in the handling of Guardianship of Incapacitated Persons and Conservatorship cases." It does not cover guardianship of minor cases. Provides guidance on a wide variety of procedural issues.
- Parents Have the Right to a Court-Appointed Lawyer in Guardianship Cases, Mass. Legal Help, 2016
"If your child is under 18 and involved in a guardianship case, you have the right to a lawyer. If your income is so low you cannot afford a lawyer, you have the right to a court-appointed lawyer." Explains when and how to have a lawyer appointed.
- Dramatic Revisions in Guardianship and Conservatorship Law Under the New MUPC, Adv. Legal Studies, Ctr. for CLE & Academic Conferences, 2009
- Guardianship and Conservatorship in Massachusetts, Lexis, with supplement.
- Guardianship and Conservatorship Practice Under the Massachusetts Uniform Probate Code, 4th ed., MCLE, loose-leaf
- Massachusetts Elder Law, 2d ed., Lexis, 2008 with supplement.
- The New Massachusetts Uniform Probate Code, MCLE, 2009
- Pro Bono Manual Guardianship, Community Legal Aid, 2016.
- Probate and Guardianship Reform: Massachusetts Uniform Probate Code, Mass. Bar Institute, 2009
|Last updated:||December 3, 2018|