Steps to establish guardianship for an adult in Massachusetts

Guardianship allows you to make decisions for an adult who can no longer manage their own care. This legal process can involve making choices about health, living arrangements, and personal care.

Since this grants someone authority over another person’s life, it’s important to understand each step in the process.

Determining the need for guardianship

Guardianship is for when an adult cannot make or communicate decisions about their health, safety, or personal care due to a medical condition. Common ailments that may lead to guardianship include dementia, severe mental illness, or developmental disabilities.

Before taking this step, look into less restrictive options, like a power of attorney or supported decision-making. These alternatives offer needed help while allowing the individual to keep some independence.

Filing the petition and other required documents

If guardianship is necessary, you must file a petition with the Probate and Family Court in the county where the incapacitated person lives. You also have to submit other important documents, including a medical certificate or clinical team report. A licensed healthcare professional must complete this report to confirm the person’s inability to make decisions.

Then, you must notify the incapacitated person and their closest family members, known as “interested parties.” This gives them a chance to take part in the process and share their thoughts before the court makes a final decision.

Attending the court hearing and receiving the decree

After you file the petition, the court sets a date for a hearing. There, the judge will listen to the evidence, review the medical documents, and decide whether guardianship is appropriate. If so, the judge issues a decree that officially names the guardian.

The guardian must be at least 18 years old and live in the United States. The court will also define the guardian’s responsibilities, which could be limited or general, depending on the specific needs. The guardian also has to submit regular reports to the court, showing how the incapacitated person is doing and what kind of care they are receiving.

Guardianship involves a lot of responsibility. Before going forward, think carefully about the best interests of the person in need and their rights. While an important tool to protect vulnerable adults, a family generally only resorts to using it when no less restrictive alternatives are suitable.