Deciding who the guardian should be

Who should be the guardian?

How do you decide who the guardian will be?

  • This depends on your family. You will decide together.

  • In many cases, one or more parents will be the guardian(s).

  • If a parent, relative or friend can't serve as guardian, the Court can assign one.

What you can do:

  1. Talk about the options with your family member, a lawyer, and others who know your loved one (teachers, case managers, doctors, etc.).

  2. Learn about the guardian's responsibilities.

  3. Weigh both your family member's needs and the guardian's duties.

  4. Decide on the right person who you'd like to ask to become the guardian.

Note: The rest of this Guide is written as if you will be the guardian, but the steps apply to anyone who would serve in this role.

Click the box below for more about who can and can't be a guardian:

Anyone interested in your family member’s well-being may file a Petition for Guardianship.

You do not become guardian automatically just because you are the parent.

Under Massachusetts law, a guardian can NOT be someone who has been charged with neglect of your family member or someone who has been charged with committing an assault that resulted in serious bodily injury to your family member.

Click the link at the bottom of the page to download the Petition for Appointment of Guardian form.

Source: Commonwealth of MA

Source: MA Guardianship Association

 

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