Professional Guardian

A professional guardian is an independent professional who makes decisions regarding the health, safety, and care of a minor child or incapacitated adult when there is no family member or friend who can perform these duties. The professional guardian is hired by the family and must be legally approved by the court.

Professional guardians serve as advocates for these people:

• A person with Alzheimer’s disease or another dementia who can no longer manage their own care
• A person with an intellectual or developmental disability, often defined as an IQ less than 70 with limitations in 2 or more adaptive skills
• A child with a disability, such as autism or Down’s syndrome, who is about to turn 18
• A person with a mental illness

There are many reasons a family may not have someone suitable to take on the important responsibilities of a legal guardian. The person needing guardianship, called the protected person, might not have family members that live locally, or those family members might not get along. Perhaps the primary caregiver is providing inappropriate care or acting dishonestly. In these cases, the family can choose to hire a professional guardian and petition the court for guardianship.

If there is no family at all, the state can assign a professional guardian who will be paid with funds from the protected person’s estate.

A professional guardian is bound to act in the best interests of the individual and consider their preferences and values when making decisions. Depending on the extent of the court order, the guardian might be asked to make decisions on the ward’s behalf regarding some or all of the following:

• Place of residence
• Medical treatment
• Professional services
• Non-medical services, including education, counseling, in-home care, and the selection of a caretaker
• Release of confidential information
• End-of-life decisions
• Receipt of Social Security benefits
• The purchase, sale, or management of property

The guardian may not remove a ward’s health care proxy, spend or distribute the ward’s income or assets without court approval, or be held personally responsible for the ward’s expenses.

Professional guardians are paid privately by the family or estate. The court allows for them to receive reasonable compensation based on the services provided and their particular skills. The guardian is also entitled to reimbursement of out-of-pocket expenses. The court must review and approve all compensation.

While professional guardians and guardians ad litem both advocate for people who cannot make sound decisions for themselves, the two roles have different responsibilities under the law.

• A guardian ad litem serves as advocate for a incapacitated person or child in a court action, such as child abuse or neglect, child custody, paternity cases, or inheritances.. (Read more about court-appointed guardians ad litem.)
• A professional guardian has broader decision-making powers than a guardian ad litem and makes personal and some limited financial decisions for a child or incapacitated adult on an ongoing basis, although the guardianship can be revoked.

No, a conservatorship is required for financial management. (Learn more about conservatorship services.)

Professional guardians work under close oversight of the court and are required to file care plan reports annually. However, Massachusetts does not require professional guardians to be certified, so you should carefully scrutinize the experience and skills of the person you choose to hire. To find a high-quality, trustworthy professional guardian, ask these questions of the candidates you interview:

• What is your knowledge of guardianship court processes?
• What is your experience dealing with matters impacting incapacitated persons, such as medical issues, mental health issues, and autism issues?
• Do you have time to properly oversee my loved one’s care, and do you have a support staff to step in if you are unavailable?
• Have you passed a CORI criminal background check and do you have a clean record with no abuse allegations?
• Do you have a clean driving record (if transporting)?