Guardians
A guardian of the person for a Respondent residing outside of Massachusetts may not file a petition for guardianship in Massachusetts. The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, while not enacted in Massachusetts, may give the Court guidance when determining whether the Court has jurisdiction.
Conservators
If no conservator or guardian of the person has been appointed in Massachusetts and no petition is pending, a conservator or guardian of the estate for a person residing outside of Massachusetts may file a Foreign Conservator’s Sworn Statement and authenticated copies of Letters of Appointment and any bond. A Certificate of Ancillary Filing – Conservatorship will be issued administratively. 5-431
A petition for appointment of a conservator or for a protective order may be filed for a nonresident Respondent with property located in Massachusetts and the conservator or guardian of the estate appointed in the home state will have priority for appointment. 5-409(a)(2)
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.