Nomination of Guardian Lawyer in Massachusetts
When creating your estate plan, you must include directions for the nomination of a guardian for your children if you pass away before they turn 18. You should also consider nominating a guardian for yourself in case you become incapacitated and cannot manage your affairs.
At Casey Lundregan Burns, P.C., we can help you navigate Massachusetts’ guardianship laws and make the right decisions for your future. Call us at (978) 878-3519 to speak with a nomination of guardian lawyer in Massachusetts.
Guardianship for Minors
The guardian of a minor child takes over the legal responsibilities of the parents. There are two types of legal guardians for minors in Massachusetts:
- Guardian of the person – A guardian of the person has custody of the minor and can make decisions about their education, health care, living arrangements, nutrition, welfare, after-school activities, religion, and more. However, they cannot make financial decisions about funds in the minor’s name.
- Guardian of the estate (conservator) – A guardian of the estate has the legal authority to manage the minor’s inheritance and other assets left to them by their parent(s).
Guardianship for Adults
You may also choose to nominate a guardian for yourself in the event of incapacity. This could be your adult child, a family member, a close friend, or anyone else you deem appropriate.
The duties of a guardian include:
- Upholding your autonomous rights;
- Making health care decisions on your behalf that are in your best interest;
- Deciding where you will live and how to maintain your standard of living; and
- Ensuring you partake in quality of life activities, including exercise, recreation, and social activities.
Nominating Guardians in Massachusetts
You are free to submit a nomination of guardian for your children or yourself to the Massachusetts Probate and Family Court at any time. The Court will review your nomination and decide whether the nominee is a good fit. If the Court approves your nomination, it will proceed to appoint your preferred guardian upon your incapacity or passing.
It is usually a good idea to nominate a successor guardian in case the original nominee is unable or unwilling to serve as guardian.
An experienced nomination of guardian lawyer in Massachusetts can walk you through this process and assist with the required paperwork.
What Happens If You Do Not Name a Guardian?
If you do not name a guardian yourself, the Probate and Family Law Court will choose and appoint a guardian for you or your children from a list of guardians.
Alternatively, a prospective guardian could petition the Court to appoint them. Eligible petitioners must be 18 or older and live in the U.S. but do not need to be related to you or your children.
The Court may also appoint a separate conservator to manage your children’s finances until they turn 18, or manage your finances during incapacity.
Speak to a Nomination of Guardian Lawyer in Massachusetts Today
At Casey Lundregan Burns, P.C., we have been walking our clients through the complexities of the Massachusetts guardianship process for over 90 years. Call us at (978) 878-3519 to speak with a nomination of guardian lawyer in Massachusetts.