Guardianship lawyers

Elder Care Lawyers in Massachusetts

Guardianship is the legal procedure used to protect persons who are unable to care for themselves because of impaired judgment, mental disability, physical incapacity or diminished capacity.

A Probate Court may make a determination when guardianship is appropriate-the person is evaluated by a licensed physician and the court ascertains the appropriateness of appointing a guardian. Guardianship usually is utilized when the mental or physical impairment poses a threat to a person's own well being. Guardianship gives one person (the guardian) the power to make decisions for another (the ward).

The procedure.

A physician must attest to the person's incompetence, and a petition which must be signed by two people is filed with the Probate Court requesting the appointment of a guardian. The court notifies all the interested parties (including the proposed ward) of the petition for guardianship.The parties may object to the proposed guardianship up to a specified date, after which the court holds a hearing where a judge decides whether or not to appoint a guardian.

If a guardian is appointed they will have control over the financial and the personal decisions of the ward. Certain decisions will need court approval.

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