When a person can no longer make decisions for themselves, the court may appoint a guardian to step in and help. In Massachusetts, guardianship can apply to both children and adults, depending on the situation.
At Jordan & White, LLC, we’ve spent over 13 years helping families across the state understand their options and move through these important decisions with clarity and care.
In this article, we’ll explain the main types of guardianship available, what each one covers, and how to determine which might best fit your loved one’s needs.
Guardianship in Massachusetts
Guardianship is a court process that transfers decision-making from an individual, called the ward, to another person, called the guardian. The court keeps final control, but the guardian handles daily matters such as medical care, housing, education, and safety. Massachusetts law recognizes several guardianship styles so the court can match the right amount of help to the ward’s abilities.
Guardianship of Minors
When parents are unavailable due to illness, death, military service, or other events, the court may appoint a guardian for the child. The guardian steps into a parental role, choosing doctors, schools, and day-to-day routines. This power lasts until the child turns eighteen or the court decides the appointment is no longer needed.
To qualify, you must meet clear rules set by the Probate and Family Court:
- Be at least 18 years old.
- Reside within the United States.
- Have no record of child abuse or neglect.
Even with those points met, the judge still reviews your history, home setting, and the child’s wishes if the child is at least fourteen. A yearly report keeps the court updated on the child’s well-being and school progress.
Guardianship of Incapacitated Adults
Adults with dementia, brain injury, serious mental illness, or similar conditions may lose the ability to make informed decisions about health or shelter. In that case, a concerned relative, friend, or professional can ask the court to appoint a guardian. Doctors submit medical affidavits describing the person’s capacity, and the judge weighs that evidence before issuing an order.
Once appointed, the guardian must:
- Choose doctors and approve or refuse medical treatment.
- Arrange safe housing and daily support.
- File care plans and annual reports with the court.
The guardian cannot approve long-term psychiatric drugs, move the ward to a locked facility, or arrange major surgery without extra court permission.
Limited Guardianship
Massachusetts General Laws chapter 190B, Article V promotes the least restrictive option whenever possible. Under limited guardianship, the court grants authority only in areas where the ward lacks capacity, such as medical care or lease consent. The ward keeps control of other life choices, encouraging dignity and independence.
For example, a young adult with intellectual disability might handle social activities and a part-time job, while the guardian oversees health needs only. If the ward’s skills change, judges can expand or shrink the order later.
Temporary Guardianship
When a sudden crisis puts a person at risk, the court can act swiftly by naming a temporary guardian. This usually lasts up to 90 days and covers immediate medical or placement decisions. After that period, the court reviews the matter and either ends the order or converts it into a longer appointment.
Because time is short, the petitioner files a motion along with the standard guardianship papers. If serious harm is likely without prompt action, a judge may conduct an emergency hearing the same day.
Conservatorship
Guardians make personal and health decisions, while conservators control money and property. The court may appoint the same person to both roles, but it can also split duties if a relative is good with caregiving yet not comfortable handling finances.
A conservator can:
- Collect income such as Social Security or pensions.
- Pay bills, taxes, and insurance.
- Invest or sell assets with court oversight.
Large transactions often require a separate petition, allowing the judge to safeguard the ward’s estate.
Rogers Guardianship
Named after a landmark Massachusetts case, a Rogers guardianship lets the guardian consent to extraordinary mental-health treatment, most often antipsychotic medication. The court approves a detailed treatment plan, called a Rogers order, and appoints a Rogers monitor to report whether the plan remains appropriate. Any change in drugs, dosage, or side effects must be brought back to the judge.
| Type | Main Purpose | Typical Duration | Court Oversight Level |
| Minor Guardianship | Parental role for children under 18 | Until 18 or the order ended | Annual report on child’s welfare |
| Adult Guardianship | Personal and health decisions | Ongoing, reviewed on request | Annual care plan and report |
| Limited Guardianship | Authority in named areas only | As ordered, flexible | Focused review on granted powers |
| Temporary Guardianship | Immediate safety in crisis | Up to 90 days | Quick follow-up hearing |
| Rogers Guardianship | Consent to psychiatric treatment | While treatment is needed | Rogers monitor reports |
| Conservatorship | Manage money and property | Ongoing, until removed | Accounting every year |
Actions Filed Under the Uniform Adult Guardianship & Protective Proceedings Jurisdiction Act
Families sometimes live across state lines, and wards may move for medical care or housing. Article 5A of Chapter 190B sets out a simple path for transferring a guardianship into or out of Massachusetts, avoiding two courts fighting over jurisdiction. It also helps locate the right venue when an emergency arises while the ward is traveling.
Guardians & Other Caregivers
Not every situation calls for a full court case. Chapter 201F offers a caregiver authorization affidavit that lets a relative or trusted friend handle schooling and basic medical matters for a minor for up to two years. This option is handy when parents expect to return, such as during overseas service or recovery from illness, and it spares the child from repeated court visits.
Need Help with Guardianship or Conservatorship? Contact Jordan & White, LLC
At Jordan & White, LLC, we guide families through guardianship and conservatorship with clarity and compassion, always prioritizing the ward’s rights. If you have questions or are ready to begin the process, call us at 978-744-2811 or visit our Contact Us page to schedule a consultation. Early legal guidance can ease paperwork stress and help protect your loved one from the very first step. You don’t have to face these decisions alone—we’re here to walk you through each stage with straightforward advice and personal attention.