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Massachusetts Law About Guardianship and Conservatorship

Massachusetts Laws

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 one state. New!

Forms

Guardianship and Conservatorship Forms

Other Web Sources

General Information Regarding Guardianships and Conservatorships, Mass. Probate and Family Court. Explains the different types of guardianship and conservatorship under the Mass. Uniform Probate Code.

Handbook for Massachusetts Conservators explains the rights of individuals and the obligations of conservators, as well as how to terminate the conservatorship.

Handbook for Massachusetts Guardians  includes the rights of incapacitated persons, the obligations of guardians and terminating guardianship. 

Limitations to Guardianship for Attorneys and Judges, and Limitiations 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.

What to Do if Someone You Love Needs a Guardian, William J. Brisk. Designed "to help clients contemplating whether they will seek appointment as a Guardian or Conservator, as well as those who have already been appointed." Provides some practical advice about compensation for guardians.

Print Sources

Dramatic Revisions in Guardianship and Conservatorship Law Under the New MUPC, Adv. Legal Studies, Ctr. for CLE & Academic Conferences, 2009.

Guardianship and Conservatorship Practice Under the Massachusetts Uniform Probate Code, 3d ed., MCLE, loose-leaf.

The New Massachusetts Uniform Probate Code, MCLE, 2009.

The New MUPC Guardianship and Conservatorship Rules, MCLE, 2009.

Probate and Guardianship Reform: Massachusetts Uniform Probate Code, Mass. Bar Institute, 2009.