Guides · State guides · Massachusetts

Guardianship in Massachusetts: How Families Get a Guardian for a Parent, Step by Step

When a parent can no longer decide and nothing was signed, the Massachusetts Probate and Family Court can appoint a guardian, a conservator or both. Here is how the process works under chapter 190B, from the medical certificate to the annual report.

By naveen · Updated October 13, 2026 · How we research our guides

Guardianship is the court process a family turns to when a parent can no longer make their own decisions and there's no power of attorney or advance directive in place. In Massachusetts, the Probate and Family Court appoints the guardian, sets the limits of their authority and reviews their reports. If your parent can still sign documents, a Massachusetts durable power of attorney and a Massachusetts health care proxy are the documents the guardianship statute itself gives weight to. The same article of the law covers guardians for minors in a separate part; this guide is about adults.

What is guardianship in Massachusetts?

It's a court order giving another person authority to make personal decisions for an adult the court finds incapacitated. The rules are in the Massachusetts Uniform Probate Code, M.G.L. chapter 190B, Article V: Part 3 (§§ 5-301 to 5-313) covers guardians of incapacitated persons, and Part 4 covers conservators. The law's vocabulary:

The definition rules out "advanced age" alone as a reason, and "ward" is reserved for minors. The general picture is in our guide to conservatorship and guardianship.

When does a parent need one, and what are the alternatives?

A parent needs a guardian only if the court finds they are incapacitated and that nothing less restrictive will meet their needs. Under § 5-306, the court may appoint a guardian after a hearing if it finds, among other things, that your parent is an incapacitated person, that the appointment "is necessary or desirable as a means of providing continuing care and supervision," and that your parent's "needs cannot be met by less restrictive means, including use of appropriate technological assistance."

The court must act "so as to encourage the development of maximum self-reliance and independence of the incapacitated person." A petition asking for a general guardianship must explain "the reason why limited guardianship is inappropriate" (§ 5-303). The sections we read don't state a standard of proof for these findings.

Documents your parent signed earlier matter:

• Health care proxy. A guardian can't revoke it without the court's permission, and "If a health care proxy is in effect, absent an order of the court to the contrary, a health-care decision of the agent takes precedence over that of a guardian" (§ 5-309).
• Durable power of attorney. The petition must name any agent and attach a copy if available. If a conservator is later appointed for all your parent's property, the agent "is accountable to the fiduciary as well as to the principal" (§ 5-503).
• Money only. If the problem is property, a conservator may be enough, and for a single transaction the court can approve it without appointing anyone (§ 5-408). A conservatorship finding "is not a determination of incapacity of the protected person" (§ 5-407).

Who can be the guardian?

"Any qualified person may be appointed guardian of an incapacitated person," and your parent's own choice in a durable power of attorney comes first (§ 5-305): "Unless lack of qualification or other good cause dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated person's most recent nomination in a durable power of attorney."

Without such a nomination, those entitled to consideration, if suitable, are in this order:

1. Your parent's spouse, or a person the spouse nominated by will or a signed writing attested by two witnesses (§ 5-301).
2. A parent of the incapacitated person, or that parent's nominee.
3. "any person the court deems appropriate."

The list doesn't name adult children; an adult child comes in under the third category. Among equals, the court picks the one "best suited to serve," and in your parent's best interest it "may pass over a person having priority."

Under § 5-107, the court can't appoint a petitioner under investigation or facing pending charges for neglect of the person, or for an assault and battery on them causing serious bodily injury. For conservators, § 5-409 also bars staff of a long-term care facility caring for your parent, or a paid caretaker, unless related to your parent.

How do you get guardianship of a parent in Massachusetts?

You file a petition in the Probate and Family Court with a recent medical certificate, give notice, and attend a hearing where the judge decides. "An incapacitated person or any person interested in the welfare of the person alleged to be incapacitated may petition" (§ 5-303), in the court where your parent lives or is present (§ 5-105). The steps:

1. Get a medical certificate. It must be "dated within 30 days of the filing of the petition" and signed by "a registered physician, certified psychiatric nurse clinical specialist, nurse practitioner or licensed psychologist." It describes your parent's "specific cognitive and functional limitations" and gives "a prognosis for improvement." If one is impossible to get, you explain why by affidavit and the court may waive or postpone it.
2. File the petition. It covers the proposed guardian, where your parent will live, family members, any power of attorney or health care proxy agent, your parent's property and the type of guardianship.
3. Give notice. Notice "shall be served personally" on your parent, who "may not waive notice." It also goes to their spouse and children, anyone who cared for or lived with them in the prior 60 days, and everyone named in the petition (§ 5-304).
4. A lawyer, on request. If your parent or someone for them asks, or their interests may be inadequately represented, "the court shall appoint an attorney to represent the person," paid for an indigent person "by the commonwealth or the petitioner as the court may order" (§ 5-106).
5. A guardian ad litem, if the court wants one. The court may appoint one "to investigate the condition" of your parent and make recommendations, and may order more medical testimony or its own expert examination.
6. The hearing. Your parent "is entitled to be present at any hearing in person," to have a lawyer, "to present evidence, to cross-examine witnesses, including any physician or other qualified person and any guardian ad litem," and to ask for a closed hearing. The medical exam must be within 30 days before the hearing.
7. Bond and letters. Before receiving letters, the guardian files a bond accepting the duties. A surety is required "unless the court determines that it is in the best interest of the incapacitated person to waive the surety" (§ 5-307).

Examination costs are paid "by the petitioner, the estate of the person alleged to be incapacitated or by the commonwealth as the court may determine."

What about an emergency?

If waiting would put your parent at risk, the court can appoint a temporary guardian while the petition is pending. Under § 5-308, the court must find that the normal procedures "will likely result in immediate and substantial harm to the health, safety or welfare" of your parent before the return date, and that no one else appears to have authority to act. The temporary guardian "may exercise only those powers granted in the order."

The motion must describe "the particular harm sought to be avoided" and what the temporary guardian will do, with a supporting affidavit. Written notice goes to your parent in hand seven days before the hearing. In an immediate emergency the court can shorten or waive notice, and your parent can then move to vacate the order.

An appointment lasts up to 90 days, extendable in 90-day periods for good cause. It "is not a final determination of a person's incapacity," and the court "may remove a temporary guardian at any time."

What does a guardian have to do?

A guardian makes your parent's personal decisions within the powers granted and reports to the court in writing. Under § 5-309, a guardian:

• Uses only the authority needed, acting "only as necessitated by the incapacitated person's mental and adaptive limitations" and encouraging your parent "to develop or regain the capacity to manage personal affairs."
• Considers your parent's values. "A guardian, to the extent known, shall consider the expressed desires and personal values of the incapacitated person when making decisions."
• Stays in contact enough to know your parent's "capacities, limitations, needs, opportunities, and physical and mental health" (§ 5-209), and must "immediately notify the court" if your parent can again exercise rights that were limited.
• Reports on a schedule: "within 60 days following appointment, at least annually thereafter, and when otherwise ordered by the court," covering your parent's condition, living arrangements, services, visits, and "a recommendation as to the need for continued guardianship."

Some decisions are off limits or need the court:

• Nursing home admission. A guardian needs "a specific finding by the court that such admission is in the incapacitated person's best interest," except a short-term admission of up to 60 days with a clinician's recommendation, no objection, a filed notice of intent and a lawyer for your parent.
• Mental health facilities. No guardian can be given authority to admit or commit your parent to one.
• Certain treatment. Treatment that requires a "substituted judgment" determination, such as an antipsychotic medication plan, needs a court order after a hearing (§ 5-306A).
• Paying the guardian. Compensation and room-and-board reimbursement come "only as approved by order of the court and only from the person's estate" (§ 5-209).

Managing the estate is the conservator's job. A conservator files an inventory within 90 days after qualifying (§ 5-417) and accounts "not less than annually unless the court directs otherwise" (§ 5-418). The sections we read don't set a training requirement for guardians.

What rights does your parent keep, and how does it end?

Your parent keeps every right the court order doesn't take away and can ask the court at any time to change or end the guardianship. A limited guardian holds only the powers on the letters, and the court can modify a limitation later. A guardian must "protect and preserve the incapacitated person's right of freedom of religion and religious practice" (§ 5-313), and your parent's health care agent keeps priority unless the court orders otherwise.

"The incapacitated person or any person interested in the welfare of the incapacitated person may petition for an order that the person is no longer incapacitated and for termination of the guardianship. A request for an order may also be made informally to the court" (§ 5-311). The court can also remove a guardian, after notice and hearing, if your parent is no longer incapacitated "or for other good cause."

The guardian's authority ends when your parent or the guardian dies, when the guardian is found incapacitated, resigns or is removed, or when the court finds your parent no longer incapacitated (§ 5-310).

How much does it cost?

The fee statute charges nothing to petition for a guardian. M.G.L. c. 262, § 40 says "no fee shall be charged" for "the appointment of a guardian, the resignation or termination of a guardian or conservator," or a petition "to expand, modify or limit the powers of a guardian."

A conservatorship costs $240 "for the filing of a petition for the appointment of a conservator or for single transaction" (c. 262, § 40), plus a $15 surcharge on filings with an initial fee (c. 262, § 4C). Conservator accounts carry a fee scaled to the value accounted for, with none at $1,000 or less (c. 262, § 40).

A person who can't pay can file an affidavit of indigency, and if it is complete and shows indigency, "the clerk shall grant such request forthwith without hearing" (c. 261, § 27C). The court decides who pays for the medical exam, the guardian ad litem and your parent's lawyer. Attorney fees are separate.

Frequently asked questions

How long does a Massachusetts guardianship last?

Until the court ends it, or until your parent or the guardian dies, or the guardian resigns, is removed or is found incapacitated. The guardian reports within 60 days of appointment and at least once a year after that, including a recommendation on whether the guardianship is still needed. Your parent can ask the court to end it, even informally.

Does a guardian handle my parent's money in Massachusetts?

Only in limited ways. Massachusetts uses a conservator for money and property, under Part 4 of chapter 190B. A guardian can apply your parent's available money to their current needs and must account for funds in their control. If a conservator is appointed, the guardian pays excess money to the conservator at least quarterly.

Can my parent fight the guardianship?

Yes. Your parent must be served personally and can't waive notice. They can attend the hearing, have a lawyer, present evidence, cross-examine witnesses including the doctor and any guardian ad litem, and ask for a closed hearing. If they ask for a lawyer, the court must appoint one, paid by the Commonwealth or the petitioner if they're indigent.

Does a power of attorney avoid guardianship in Massachusetts?

It can. The court can appoint a guardian only if your parent's needs can't be met by less restrictive means. If a guardian is still needed, the court must follow your parent's most recent nomination in a durable power of attorney unless there's good cause not to, and a health care agent's decisions take precedence over a guardian's.

Can a guardian put my parent in a nursing home?

Not on their own authority, except for a short stay. A guardian needs a specific court finding that admission to a nursing facility is in your parent's best interest. The exception covers admissions of 60 days or less, with a clinician's recommendation, no objection, a filed notice of intent, and a lawyer for your parent.

How much does it cost to file for guardianship in Massachusetts?

Chapter 262, section 40 says no fee is charged for the appointment of a guardian. A conservator petition is $240 plus a $15 surcharge under sections 40 and 4C (c. 262, § 40). Court fees can be waived for a person who files an affidavit of indigency. Exam, lawyer and guardian ad litem costs are set by the court.

Getting started

Guardianship is the route that's left when nothing was signed in time. If your parent can still make decisions, a durable power of attorney and a health care proxy let them choose who acts for them. If it's already too late for that, it helps to know what an elder law attorney does before you file. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.

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Sources

• M.G.L. chapter 190B, Massachusetts Uniform Probate Code: Article V, Parts 3 and 4, guardians and conservators.
• § 5-101, Definitions: incapacitated person, guardian, conservator and ward.
• § 5-303, Petition and medical certificate: who may petition and what the certificate contains.
• § 5-305, Who may be guardian: the power of attorney nomination and the priority list.
• § 5-306, Findings and limited guardianship: the findings, including less restrictive means.
• § 5-308, Temporary guardians: emergency appointments for up to 90 days.
• § 5-309, Powers and duties of guardians: reports, health care proxies and nursing facility limits.
• § 5-311, Removal and termination: how a guardianship is changed or ended.
• M.G.L. c. 262, § 40, Probate and Family Court fees: no fee to appoint a guardian; conservator fees.
• M.G.L. c. 261, § 27C, Fee waivers: how court fees are waived for indigent parties.

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