Not everyone who wishes to serve in the important role of guardian for an incapacitated person can necessarily become one. This is because in Massachusetts guardians must be appointed by the probate and family court. Guardianship is not automatically applied to the parent of an incapacitated adult.
A temporary guardian could be appointed if it is foreseen that there is an immediate harm to the safety, health or wellbeing of the person, but the court still considers factors in determining who should or should not be appointed as a guardian. The court is likely to decline your request for guardianship if:
- You are currently being investigated for a crime.
- You are currently being investigated for neglect charges associated with the incapacitated person.
- You have pending charges for committing battery or assault that critically injured the incapacitated person.
In all of these circumstances, it is important to know your rights and responsibilities. This may be even more important to you if you have a loved one for whom someone else has stepped up and requested guardianship in Massachusetts. You may want to know your eligibility to become the guardian for them or to avoid situations in which your loved one could be placed in harm’s way.
For answers to these questions and more, set up a time to speak over the phone with a Massachusetts estate planning lawyer who can tell you more about how guardianship works, what you’re likely to expect and when the courts are likely to decline guardianship options.
