There are two types of Guardianship in MA. One type is for an adult and one is for a minor. A Guardianship for an adult is sought because the adult has a certain medical condition or diagnosis which prevents him or her from making sound decisions over their own person.
Guardianship of a minor occurs when someone other than the minor’s parents is seeking to take over responsibility and care of that minor. Guardianship petitions are filed in Probate Court and require a hearing in front of a Judge for approval. The filing of the petitions and the notice requirements make these difficult and confusing for most people to complete on their own.
A conservatorship is similar to a guardianship but instead of gaining control over the person, one is seeking to control one’s possessions or property. The purpose would be to avoid that person squandering their assets because of a disability or incapacity. This petition is also filed in Probate Court.