How can I become a guardian or conservator?

Assuming that a physician is prepared to attest to the proposed ward's incompetence, a petition must be filed with the Probate Court requesting the appointment of a guardian. Two petitioners must sign the petition and the proposed guardian must file a bond with the court. Then, the court directs which individuals must receive notice of the legal proceedings. Notice must be given to the proposed ward, the heirs of the ward, the person the ward lives with, and their agents under a durable power of attorney or health care proxy. The court sets a date by which anyone wishing to object may do so, including the proposed ward. Then a hearing is held where a judge decides whether a guardian or conservator should be appointed. The court can either name one individual to serve as both guardian and conservator or different people to serve in each role.

This is a series, brought to you by Boston Attorneys Cohen & Oalican, LLP, specializing in Guardianship and Conservatorship Attorneys in Boston. Posted by Elder Law Boston Lawyers