If a person lacks sufficient mental capacity to make health care decisions and personal, non-financial decisions, a Guardianship is needed if the incapacitated person had not executed a valid Health Care Proxy. Guardianship is a Probate Court proceeding which does not include financial issues. Financial decisions are dealt with in Probate Court through a similar proceeding known as Conservatorship. Both Guardianships and Conservatorships need to be tailored to meet the specific needs of the incapacitated person, as detailed in the required medical certificate of a registered physician, licensed psychologist or certified psychiatric nurse clinical specialist. Legal notice of any Guardianship or Conservatorship proceeding must be given to any “interested person,” who can then choose to participate in the proceedings.
Contact An Experienced Massachusetts Probate Lawyer
Contact Attorney Mike Suarez if someone in your family or someone close to you is in need of a Guardianship or Conservatorship. Call (508) 759-1122 to start your consultation.