When a loved one is unable to make decisions for themselves due to age, incapacity, or disability, guardianship and/or conservatorship can be a vital legal solution. Guardianships and conservatorships provide a structured way to ensure a minor or incapacitated adult’s personal, medical, and financial needs are managed responsibly. At The Law Offices of Patricia Bloom-McDonald, we help families navigate guardianship with care, understanding, and attention to detail.
What Is Guardianship and Conservatorship?
Guardianship and Conservatorship is a legal arrangement where a court appoints an individual, known as a guardian, or a conservator, to make decisions on behalf of someone who cannot make decisions for themselves. This person, referred to as the ward, may be:
- A minor whose parents are unable to care for them.
- An adult who has become incapacitated due to illness, injury, or disability.
Guardianships and conservatorships are designed to protect the ward’s well-being while giving the guardian authority to make critical decisions about their care, safety, and finances.
Types of Guardianships and Conservatorships
In Massachusetts, guardianships and conservatorships can take several forms, depending on the needs of the ward:
Guardianship and Conservatorship of a Minor
When a child’s parents are unable to provide care due to absence, incapacity, or other reasons, the court may appoint a guardian and/or a conservator to assume parental responsibilities. Guardianship of a minor involves decisions about education, healthcare, finances, and overall well-being until the child reaches adulthood or the guardianship and/or conservatorship is no longer needed.
Guardianship of an Incapacitated Adult
This type of guardianship applies to adults who cannot manage their affairs due to cognitive decline, mental illness, or developmental disabilities. Guardians in this role make decisions about medical care, living arrangements, and daily needs.
Temporary Guardian and/or Conservator
For urgent situations, such as a medical emergency, the court can appoint a temporary guardian and/or conservator to act for a limited time.
Conservatorship
While related to guardianship, conservatorship focuses on managing a person’s financial affairs. Sometimes, a guardian and a conservator may be appointed to address different aspects of a ward’s needs.
Responsibilities of a Guardian
Guardians are entrusted with significant authority and responsibility. Their duties may include:
- Making medical decisions, including consent for treatments or surgeries.
- Managing daily care and ensuring the ward’s basic needs are met.
- Deciding on educational opportunities and ensuring appropriate schooling.
- Overseeing living arrangements, including relocation to a care facility if necessary.
- Reporting to the court about the ward’s condition and how the guardianship is being managed.
In all decisions, the guardian must act in the ward’s best interests, prioritizing their safety, health, and quality of life.
Responsibilities of a Conservator
A conservator is entrusted with many financial responsibilities on behalf of the ward, including:
- Collecting, managing, and protecting the ward’s personal assets, paying bills and taxes, and managing income from assets; and
- Overseeing the maintenance of real estate, arranging appraisals, and safeguarding property from loss; and
- Executing contracts and obtaining court approval before selling major assets ; and
- Regularly reporting the ward’s status to the court, and filing a final accounting and copy of the death certificate if the ward dies; and
- Encouraging the ward to regain control of their finances and business matters, and to participate in decisions on their own behalf; and
- Not using the ward’s assets for the conservator’s benefit, and not completely cutting the ward off from their own money.
The Process of Establishing Guardianship and Conservatorship
The guardianship and/or conservatorship process is designed to ensure that the arrangement is truly necessary and in the ward’s best interest. It typically involves:
- Filing a Petition with the Court: The petitioner must submit documentation explaining why guardianship and/or conservatorship is necessary and provide evidence of the ward’s incapacity.
- Notifying Interested Parties: The guardianship and conservatorship petition must be notified to all individuals with a legal interest in the ward’s well-being, such as the ward and all interested family members.
- Court Hearings: The court will hold a hearing to evaluate the evidence, hear testimony, and determine whether guardianship and/or conservatorship is appropriate.
- Appointment and Oversight: If approved, the court issues an order appointing the guardian and/or conservatorship. The guardian and/or conservatorship may need to submit periodic reports to demonstrate that the ward’s needs are being met.
Legal Insights into Guardianships and Conservatorships
Guardianships and conservatorships are a serious legal responsibility, and courts carefully weigh the need for intervention against an individual’s right to autonomy. In many cases, courts may explore less restrictive alternatives, such as:
- Durable powers of attorney.
- Health care proxies.
- Supported decision-making agreements.
For minors, the court considers the parents’ rights while prioritizing the child’s best interests. For incapacitated adults, evidence of the individual’s inability to make decisions must be clear and convincing.
How We Can Help
At The Law Offices of Patricia Bloom-McDonald, we guide families through the guardianship and conservatorship process with care and precision. Our services include:
- Assisting with the preparation and filing of guardianship and conservatorship petitions.
- Representing clients in court hearings.
- Advising on alternatives to guardianship and conservatorship where appropriate.
- Helping guardians and conservators understand and fulfill their responsibilities.
Whether you’re seeking guardianship and/or conservatorship for a loved one or need assistance navigating the complexities of an existing arrangement, we are here to provide reliable support.
Contact Us Today
Guardianship and conservatorship can be a critical tool in protecting vulnerable individuals, but it’s essential to approach them with the proper guidance. Contact The Law Offices of Patricia Bloom-McDonald in Westport, MA, to schedule a consultation. Together, we’ll secure your loved one’s well-being and future with compassion and clarity.
Located in Westport, The Law Offices of Patricia Bloom-McDonald proudly serves clients across Massachusetts, including all of Bristol and Norfolk Counties, Plymouth, and the southern coast. Specific areas of service include New Bedford, Fall River, Dartmouth, Acushnet, Taunton, Dighton, Berkley, Swansea, Somerset, Seekonk, Fairhaven, Marion, Raynham, Easton, Mansfield, Attleboro, North Attleborough, Rehoboth, Lakeville, Bridgewater, Rochester, Norton, Assonet, Stoughton, Canton, Sharon, West Bridgewater, Brockton, Whitman, Maynard, Quincy, and Cape Cod. If you cannot come to us, we will come to your home, office, or a convenient location of your choosing. The initial consultation is complimentary.