Links to Important Documents Relating to Adult Guardianships

Jennifer Honig, MHLAC

On July 1, 2009, M.G.L. c. 190B, Article V, Protection of Persons Under Disability and Their Property as added by Uniform Probate Code, St. 2008, c. 521 went into effect. Among other changes, Article V promotes the creation of "limited guardianships" and also makes a distinction between "guardians"  (who protect the interests of the person) and "conservators" (who protect property and business interests).  New Probate Court forms were also developed as part of this overhaul.

The following are some useful resources regarding the new Article V:

  • M.G.L. c. 190B, Article V(Chapter 521 of the Acts of 2008)
  • Probate and Family Court Department web page, Guardianship and Conservatorship: Forms and Other Information: this page includes links to a wide range of information about the new probate code and practice in the probate court;
  • Mass. Probate and Family Court forms page:  this page includes links to many forms, including the Medical Certificate form, examples of limitations to guardianship, and petitions to appoint or terminate a guardian or conservator;
  • Probate and Family Court instructions for filling out certain forms:
  • Procedural Outline for Guardianship of an Incapacitated Person and Conservatorship of a Protected Person (link to Probate Court document);
  • General Information Regarding Guardianships and Conservatorships (link to Probate Court document);
  • CPCS Performance Standards for attorneys representing indigent adults in guardianship proceedings under G.L. c. 190B (including substituted judgment matters) and in authorization to treat proceedings under G.L. c. 123;  
  • Mass. Trial Court Law Libraries web page on Guardianship and Conservatorship (w/ links);
  • has a section on guardianship with information on guardianships, including how to get a court appointed guardian.