Guardianship & Conservatorship of Incapacitated Persons
Taking on the responsibility of guardianship or conservatorship for a loved one is a significant step. It is a decision that carries both legal and personal weight, and we know how challenging it can be. At Casey Lundregan Burns, P.C. we have been guiding Massachusetts families through this process for over 90 years.
Whether you’re stepping in for an aging parent, a family member with special needs, or someone who has experienced a sudden loss of capacity, we are here to provide clarity and support. Our experience ensures you have the right legal guidance to protect your loved one’s well-being and financial security.
Incapacity and the Need for Guardianship or Conservatorship
In Massachusetts, incapacity can stem from various conditions, including:
- Age-related cognitive decline (e.g. Alzheimer’s, dementia)
- Serious illness or injury that affects decision-making abilities
- Developmental disabilities requiring ongoing support
Without a legal guardian or conservator, incapacitated individuals may face financial exploitation, medical neglect, or difficulty accessing necessary care. If there’s no plan in place, families often struggle to manage affairs, leading to stressful court battles. Establishing guardianship or conservatorship provides a legal framework for ensuring their well-being and protecting their assets.
The Legal Process
Understanding the steps involved in establishing guardianship or conservatorship can help you prepare for what is ahead.
Petitioning for Guardianship or Conservatorship
Filing for guardianship or conservatorship requires submitting a petition to the probate court, along with:
- Medical evaluations
- Financial disclosures (for conservatorships)
- Supporting documentation outlining the individual’s needs
The court will review the case, hold a hearing, and determine if the appointment is necessary. If the court approves the petition, the guardian or conservator is legally responsible for carrying out their duties in the best interest of the incapacitated person.
Proving Incapacity
To grant guardianship or conservatorship, the court must determine that an individual cannot manage their affairs. This often requires testimony from medical professionals, financial experts, and family members. Our legal team is well-versed in presenting clear, compelling cases that demonstrate why guardianship or conservatorship is needed.
Court Procedures
Every county in Massachusetts follows the same basic probate court process, but there are procedural nuances unique to Essex County. Our firm can help streamline the process for our clients.
How We Approach Guardianship & Conservatorship Cases
We understand that every family’s situation is different, and we take a personalized approach to each case. Our legal team is committed to:
- Providing clear, straightforward guidance throughout the legal process
- Helping families make informed decisions that align with their loved one’s best interests
- Ensuring that the least restrictive options are considered before pursuing full guardianship or conservatorship
We take pride in being compassionate advocates who prioritize both the legal and emotional aspects of these cases.
Challenging Guardianships and Conservatorships
In some cases, a guardianship or conservatorship may not be appropriate or may be subject to abuse or mismanagement. Our team handles legal challenges related to:
- Disputes over who should be appointed guardian or conservator
- Allegations of financial mismanagement or neglect
- Modifications or terminations of existing arrangements
We have decades of experience in trust and estate litigation, and we are prepared to protect the rights of both the incapacitated person and concerned family members.
Medicaid Planning and Long-Term Care Considerations
Guardianship and conservatorship decisions often intersect with Medicaid eligibility and long-term care planning. Our firm provides guidance on:
- How guardianship can impact long-term care options
- Protecting assets while ensuring eligibility for Medicaid
- Coordinating financial and healthcare planning
Protect Your Family’s Future – Contact Casey Lundregan Burns, P.C.
When a loved one is unable to care for themselves, you want to make the right choices to protect their well-being. With three generations of experience, our firm has helped families across Massachusetts handle guardianship and conservatorship matters with confidence.
If you need legal guidance, reach out to our team today. We are ready to discuss your situation, explain your options, and help you take the next steps. Call (978) 878-3519 or fill out our online Contact Us form to schedule a consultation.