Conservatorship

If you are concerned about the ability of a family member to care for themselves, you can petition the Probate and Family Courts to appoint someone to make legal decisions on their behalf. Definitions vary by state, but in Massachusetts:

• A guardian makes decisions concerning the individual’s day-to-day living, medical care, and safety.
• A conservator manages the estate, including money, property, and business affairs.

Courts will not transfer rights without clear evidence of need, and they may opt for a limited guardianship or conservatorship where the individual retains some decision-making authority.

Learn more about guardianships.

As a legal conservator, you are required to advocate for the protected person’s best interests and take into consideration their personal beliefs and what they would choose for themselves. Responsibilities vary, but the court order could empower you to control bank accounts to pay bills and to oversee the purchase, sale, or management of property.

The experience of petitioning a court for conservatorship is time-consuming, legally complex, stressful, and even adversarial for many families. We recommend you assess your loved one’s needs, resources, and capabilities and then opt for the least disruptive arrangement possible that still protects their interests. For example, a parent with early-stage cognitive decline might need a conservator to pay bills but otherwise can manage their daily affairs without a guardianship.

At the Law Offices of Jessica Doucette and Associates, our attorneys understand the intricacies of Massachusetts conservatorship law and will guide you step by step through this process with care and compassion. We will explain your options and help you weigh the pros and cons of conservatorship as well as less binding alternatives, like a durable power of attorney. Our goal is the same as yours: to protect your loved one’s best interests.

You may oversee many of your father’s affairs with a health care proxy (HCP) and power of attorney (POA), but you do not have unrestricted decision-making authority. For example, you may not authorize the sale of his home or have him placed in a nursing home. If you have reason to believe your father is medically incapable of making sound decisions, you should consult with an attorney to discuss possible legal guardianship and/or conservatorship.

Absent a properly executed health care proxy (HCP) and/or power of attorney (POA), you cannot make decisions for an incapacitated loved one without a guardianship and/or conservatorship. However, if you are your mother’s designated HCP, you may be able to ask her physician to complete a Medical Certificate for Guardianship or Conservatorship. This document demonstrates to the court the medical need for guardianship and what the person can still do alone. After completing the Medical Certificate, you may file for guardianship and conservatorship.