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How do I terminate my guardianship in Massachusetts?

Parents can ask the court to remove their minor child's guardian ask the guardian to file a petition to resign as guardian and give your children back to you, or. file a petition to remove the guardian and give your children back to you.

How do I get guardianship of an adult child in Massachusetts?

A person can petition to serve as both a guardian and conservator of an incapacitated person or minor. A guardianship petition must be filed in the Family and Probate Court in the Massachusetts county in which the child resides. A person interested in the incapacitated person's welfare can file a guardianship petition.

Does guardianship override parental rights Massachusetts?

A Massachusetts guardianship does not serve as the child's legal parent. Appointment of Massachusetts guardianships does not cut ties with the birth parent's responsibilities and rights\u2014the birth parent(s) may still visit the child with the Massachusetts guardianship's permission or via court order.

How long does guardianship last in Massachusetts?

A Massachusetts guardianship ends when a person turns eighteen years old. It can also be terminated upon a minor being adopted or when the court determines that the guardianship is no longer necessary.

How do I terminate a conservatorship in Massachusetts?

(a) On petition of the protected person or any person interested in the protected person's welfare, the court, after notice and hearing, may remove a conservator if the person under conservatorship is no longer disabled or for other good cause.

What are the responsibilities of a Conservator in Massachusetts?

As a Conservator, you are a fiduciary responsible for managing the property of the Protected Person. Consequently, you must observe the standards of care applicable to trustees. You may exercise the authority only as authorized by the court's decree.

How does guardianship work in Massachusetts?

Guardianship is a legal process that gives the guardian permission to take care of and make decisions for an incapacitated adult. An incapacitated person is someone with a clinically diagnosed condition that keeps them from being able to make or communicate decisions about their physical health, safety, or care.

How do I file a conservatorship in Massachusetts?

To obtain a conservatorship, an interested person must petition the Probate and Family Court. An interested person must file a Petition for Appointment and a Medical Certificate signed by a licensed professional. The Medical Certificate evaluation must have been complted within 30 days of the filing of the petition.

How do you get legal guardianship in Massachusetts?

What you need Petition for Appointment of Guardian of a Minor (MPC 140) Affidavit Disclosing Care and Custody (OCAJ-1) Bond (MPC 801) Either a petition or affidavit: If the parent(s) agree with the appointment of the guardian \u2014 Notarized Waiver and Consent to Petition (MPC 440)

Can I resign as guardian?

A guardian can resign. But first, there must be a court hearing. And you must give notice of the hearing to all relatives who were notified of your appointment as guardian. You must show the court that it would be in the child's best interest for you to resign.

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