Guardianship of a Child or Adult in Massachusetts

The Probate and Family Court may appoint a guardian for a minor if the parents are deceased or incapacitated, consent, have had their parental rights terminated, have signed a voluntary surrender, or are found unavailable or unfit to have custody. A guardian named by a parent has priority. While a petition is pending, the court may appoint a temporary guardian for up to 90 days (extendable) to prevent substantial harm, with 7 days' notice to a minor 14 or older and to the persons named in the petition, unless an emergency justifies shortening or waiving notice.

The incapacitated person or anyone interested in his or her welfare may petition for a determination of incapacity and appointment of a limited or general guardian. The court may appoint a guardian only if it finds, among other things, that the person is incapacitated, that the appointment is necessary or desirable for continuing care and supervision, and that the person's needs cannot be met by less restrictive means, including appropriate technological assistance; any required medical certificate must be based on an examination within 30 days before the hearing. The court must encourage maximum self-reliance and independence and may limit the guardian's powers to create a limited guardianship.