Guardianships and Conservatorships in Massachusetts
When a loved one is no longer able to care for themselves—whether due to age, illness, disability, or another hardship—legal steps may be necessary to protect their well-being or finances. In Massachusetts, guardianships and conservatorships are legal tools used to appoint someone to take responsibility for another person’s care or property. These matters are handled in Probate Court and require detailed filings, court hearings, and strict procedural compliance.
At Briones Law Group, we help families navigate these sensitive legal processes with clarity, compassion, and efficiency.
Guardianship for Adults
An adult guardianship may be necessary when a person becomes mentally or physically incapacitated and can no longer make informed decisions about their medical care, living arrangements, or overall personal welfare. This could result from:
- Dementia or Alzheimer’s disease
- Intellectual disabilities
- Mental health disorders
- Traumatic brain injuries or strokes
- Chronic illness or other medical conditions
In these cases, a guardian is appointed by the Probate Court to make decisions on behalf of the incapacitated person, known as the incapacitated individual or respondent. Guardianship does not transfer ownership of assets—that’s the role of a conservator, which may be needed in conjunction with or separate from a guardianship.
Guardianship for Minors
Guardianship of a minor occurs when someone other than the child’s parents needs to assume legal custody and responsibility for the child’s care. This often happens when:
- A parent passes away
- A parent becomes incapacitated or unfit due to illness, addiction, or incarceration
- A parent voluntarily allows a relative or close friend to care for the child temporarily
The guardian assumes responsibility for the child’s daily needs, education, healthcare, and general welfare. Unlike adoption, guardianship does not terminate parental rights—it provides a temporary or long-term solution when parents are unable to care for their child.
Filing for guardianship of a minor requires submitting petitions to Probate Court, notifying certain individuals (including the parents, even if they are not involved), and attending a court hearing. The process can be difficult to complete without experienced legal assistance. We help ensure that the required forms, background checks, and legal steps are handled properly and efficiently.
Conservatorships: Protecting Property and Finances
While guardianship grants authority over a person’s care, conservatorship grants authority over their assets and financial matters. This may be necessary when an individual is no longer capable of managing their money, paying bills, or protecting their property due to incapacity, disability, or cognitive decline.
A conservator is appointed by the Probate Court and is responsible for:
- Managing income and expenses
- Paying debts and bills
- Handling investments, property, and real estate
- Filing taxes and accounting to the court
Like guardianships, conservatorships require a formal petition, notice to interested parties, and a court hearing. Annual reporting and accountings are also required to ensure the individual’s finances are managed responsibly.
In some cases, both a guardian and a conservator may be needed. Our firm will help determine the best course of action and ensure that all legal requirements are met.
We Help You Navigate a Complex Process
Guardianship and conservatorship matters can be emotionally taxing and legally complex. At Briones Law Group, we understand the sensitivity of these cases and are committed to helping you protect your loved ones while complying with all legal obligations.
Whether you’re seeking to care for a child, an aging parent, or a vulnerable adult, we’ll guide you through every step—from petition to hearing to ongoing legal compliance—with clarity and compassion.
Contact Briones Law Group today to schedule a consultation and learn how we can assist with your guardianship or conservatorship needs in Massachusetts.