A guardian is an individual designated by the court to step in to care for and make decisions on behalf of an individual. There are 2 main types of guardianships in Massachusetts and the process for each varies.
Guardian of a minor- when the parents of a minor child (under the age of 18) are unable or unwilling to care for a child, the Court can appoint an individual to step into the parental role to care for and make decisions on behalf of the child. The guardianship process can be contested (when the parents do not agree to the appointment) or consented to (when the parents agree on the appointment) but both processes require a number of legal forms that must be filed. I have advised and represented many individuals successfully through this process and would be happy to discuss your situation today.
Guardian of an incapacitated person- when an adult is unable to care for themselves or make decisions for themselves due to a diagnosed condition, disability or degenerate health condition, the court can appoint a guardian to step in and make decisions on behalf of that individual. Each individual’s situation is unique and requires a competent analysis to determine the best course forward.