MUPC Article V procedural outline - N. Allowance of the petition

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. This outline does not cover guardianship of minors matters.

No Petition for the Appointment of a Guardian or Conservator (initial or successor, including the appointment of a coguardian or coconservator) shall be allowed administratively.

The Court can administratively allow other Petitions (1401(g)) if:

1. The Petitioner or Petitioner’s counsel represents that the Respondent does not wish to be present;
2. No objection has been filed; and
3. If on the strength of the pleadings, the Court is “satisfied that all conditions are met.”

The Court may not appoint as a guardian someone who is being investigated or has charges pending for committing an Assault and Battery that resulted in bodily injury to the Incapacitated Person or who is being investigated or has charges pending for the neglect of the Incapacitated Person. The Court will generally require that a CARI of the proposed guardian be run the day of the hearing BUT need not if the proposed guardian is known to the Court as a member of the bar in good standing or a licensed professional guardian.

After the allowance of a Guardianship Order or Decree or a Conservatorship Order or Decree, a Notice Regarding Plans and Reports shall be provided by the Registry to the Guardian or Conservator with any copy of the Order or Decree being mailed or given to the Guardian or Conservator.

The Appointment of Agent form is no longer necessary as G. L. c.201, §49 was repealed. The Bond statutes state that by accepting the appointment, the fiduciary submits personally to the jurisdiction of the Court.