Massachusetts Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a Massachusetts court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on M.G.L. c. 190B, Article 5 (Massachusetts Uniform Probate Code, Protection of Persons Under Disability)

By Settled Estate EditorialPublished: June 28, 2026Updated: July 28, 2026

What guardianship and conservatorship mean here

Guardianship in Massachusetts is a Probate and Family Court case brought under Article 5 of the Massachusetts Uniform Probate Code, M.G.L. c. 190B. A judge appoints a guardian to decide about support, care, education, health, and welfare for a minor, or for an adult the court finds is an incapacitated person. The judge may appoint only after finding that the appointment is necessary or desirable as a means of providing continuing care and supervision and that the person's needs cannot be met by less restrictive means, including appropriate technological assistance. The court can also limit a guardian's powers so the adult keeps every right the order does not remove.

In Massachusetts a guardian makes personal, medical, and living decisions, while a conservator manages money and property. They are two separate appointments under Article 5 of c. 190B, and one person can hold both. The code calls an adult under guardianship an incapacitated person, and calls someone who has a conservator or another protective order a protected person. The older word ward still appears in the sections about guardians of minors.

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Guardian of an incapacitated person

Decisions about an adult's support, care, education, health, and welfare, exercised only as far as the person's limitations require. A Probate and Family Court judge finds the adult is an incapacitated person, that the appointment is necessary or desirable as a means of providing continuing care and supervision, and that the person's needs cannot be met by less restrictive means, including appropriate technological assistance.

M.G.L. c. 190B, § 5-306

Conservator (protection of property)

Management of a protected person's property, income, and business affairs by a court-appointed fiduciary. The court finds the person cannot manage property and business affairs effectively because of a clinically diagnosed impairment in the ability to receive and evaluate information or make and communicate decisions, even with appropriate technological assistance, and that property will be wasted or money is needed for support.

M.G.L. c. 190B, § 5-401

Limited guardianship

Only the powers the judge leaves in place; every limit on a guardian's statutory powers is endorsed on the guardian's letters. The adult needs help with some decisions but not all. The judge can limit a guardian's powers at appointment or later, on the court's own motion or on a petition from the incapacitated person or another interested person, and can remove or modify a limit the same way.

M.G.L. c. 190B, § 5-306

More guardianship types4 additional arrangements courts use in specific situations, with statute cites

Guardian of a minor

The powers and responsibilities of a parent over a child's support, care, education, health, and welfare, including where the child lives. The child's parents have died or are incapacitated, the parents consent, parental rights have been terminated, the parents signed a voluntary surrender, or the court finds the parents jointly, or the surviving parent, unavailable or unfit to have custody.

M.G.L. c. 190B, § 5-204

Conservator or protective order for a minor's property

Court management or protection of money and property that belongs to a child. A minor owns money, real property, or personal property that needs management or protection that cannot otherwise be provided, has business affairs that minority would jeopardize or prevent, or needs funds released for support and education.

M.G.L. c. 190B, § 5-401

Guardianship where an intellectual disability is alleged

The same guardian powers, but the case runs on a different proof track and can need extra findings. The petition itself has to state whether the person is alleged to have an intellectual disability, and whether the petitioner is asking for authority to consent to treatment that may need a substituted judgment determination or to admit the person to a nursing facility. Flagging those questions up front changes what proof the case needs and what the judge has to decide.

M.G.L. c. 190B, § 5-303

Minor guardianship decided by a District or Juvenile Court

The same guardianship of a minor, but ordered by the District Court or Juvenile Court rather than the Probate and Family Court. A case about the child is already before a District Court or Juvenile Court. That court may appoint the guardian and keeps continuing jurisdiction over resignation, removal, reporting, and other proceedings connected to the guardianship.

M.G.L. c. 190B, § 5-201

The Massachusetts guardianship court process

1File the petitionAn incapacitated person, or anyone interested in the welfare of the person alleged to be incapacitated, files a petition asking the Probate and Family Court to determine incapacity in whole or in part and appoint a guardian, limited or general.

An incapacitated person, or anyone interested in the welfare of the person alleged to be incapacitated, files a petition asking the Probate and Family Court to determine incapacity in whole or in part and appoint a guardian, limited or general. Venue is where the person resides or is present when the case starts, or the county where a nominating will was or could be probated (M.G.L. c. 190B, §§ 5-105, 5-303).

2Say what the case is really asking forThe petition has to state the nature of the alleged incapacity and flag three things up front: whether the person is alleged to have an intellectual disability, whether the petitioner wants authority to consent to treatment that needs a substituted judgment determination, and whether the petitioner wants authority to admit the person to a nursing facility (M.G.L.

The petition has to state the nature of the alleged incapacity and flag three things up front: whether the person is alleged to have an intellectual disability, whether the petitioner wants authority to consent to treatment that needs a substituted judgment determination, and whether the petitioner wants authority to admit the person to a nursing facility (M.G.L. c. 190B, § 5-303).

3File the medical certificateAn adult guardianship runs on medical proof.

An adult guardianship runs on medical proof. The court can appoint only if the examination behind any required medical certificate took place within 30 days before the hearing, and if the examinations behind any required clinical team report took place within 180 days before the petition was filed (M.G.L. c. 190B, § 5-306).

4Serve noticeNotice is served personally on the person alleged to be incapacitated, who cannot waive it.

Notice is served personally on the person alleged to be incapacitated, who cannot waive it. The petitioner also notifies the spouse and children, or if there are none the parents and siblings, or if there are none the heirs apparent, plus anyone already serving as guardian or conservator, anyone who had care or custody during the previous 60 days, any representative payee, and the state agencies the statute names (M.G.L. c. 190B, § 5-304).

5Get counsel appointedIf the person, or someone on their behalf, asks for counsel, or if the judge decides at any point that the person's interests may be inadequately represented, the court shall appoint an attorney and give weight to the person's own choice if they are 14 or older.

If the person, or someone on their behalf, asks for counsel, or if the judge decides at any point that the person's interests may be inadequately represented, the court shall appoint an attorney and give weight to the person's own choice if they are 14 or older. Counsel for someone who is indigent is paid by the Commonwealth or the petitioner as the court orders (M.G.L. c. 190B, § 5-106).

6Attend the hearingThe person is entitled to be present, to be represented, to present evidence, and to cross-examine witnesses including any physician and any guardian ad litem.

The person is entitled to be present, to be represented, to present evidence, and to cross-examine witnesses including any physician and any guardian ad litem. The hearing can be closed if the person or their counsel asks (M.G.L. c. 190B, § 5-106).

7Findings and decreeThe judge may appoint only after finding all eight statutory items, including that the person is an incapacitated person, that the appointment is necessary or desirable as a means of providing continuing care and supervision, and that the person's needs cannot be met by less restrictive means, including appropriate technological assistance.

The judge may appoint only after finding all eight statutory items, including that the person is an incapacitated person, that the appointment is necessary or desirable as a means of providing continuing care and supervision, and that the person's needs cannot be met by less restrictive means, including appropriate technological assistance. The court is directed to encourage maximum self-reliance and to order only what the person's limitations require (M.G.L. c. 190B, § 5-306).

8Letters of guardianship, with any limits written on themThe court issues letters that prove the guardian's authority.

The court issues letters that prove the guardian's authority. Any limit on the guardian's statutory powers is endorsed on those letters, which is how a limited guardianship shows up on paper and how a bank or hospital can tell what the guardian may do (M.G.L. c. 190B, § 5-306).

9Ask separately for treatment authorityNo guardian, temporary guardian, or special guardian may consent to treatment that needs a substituted judgment determination, such as antipsychotic medication.

No guardian, temporary guardian, or special guardian may consent to treatment that needs a substituted judgment determination, such as antipsychotic medication. The judge has to find under the substituted judgment standard that the person would consent if not incapacitated, approve a written treatment plan, and endorse it in the decree, with review at least once a year and an expiration date (M.G.L. c. 190B, § 5-306A).

10Ask separately about a nursing facilityA guardian has no authority to admit an incapacitated person to a nursing facility without a specific court finding that admission is in the person's best interest, apart from one narrow short-term route that requires the admission not to exceed 60 days, a supporting recommendation from someone authorized to sign a medical certificate, no objection from the person or an interested person, a notice of intent filed with the court and served in hand, and counsel for the person (M.G.L.

A guardian has no authority to admit an incapacitated person to a nursing facility without a specific court finding that admission is in the person's best interest, apart from one narrow short-term route that requires the admission not to exceed 60 days, a supporting recommendation from someone authorized to sign a medical certificate, no objection from the person or an interested person, a notice of intent filed with the court and served in hand, and counsel for the person (M.G.L. c. 190B, § 5-309).

11Post a conservator's bondA conservator, temporary conservator, and special conservator each furnish a bond conditioned on faithful discharge of the trust.

A conservator, temporary conservator, and special conservator each furnish a bond conditioned on faithful discharge of the trust. Sureties are required unless the court waives them for good cause, or unless the conservator holds first priority through a durable power of attorney nomination in which the person expressly waived the requirement (M.G.L. c. 190B, § 5-410).

12File the first report, then report every yearA guardian reports in writing on the person's condition and accounts for any funds within 60 days after appointment, at least annually after that, and whenever the court orders.

A guardian reports in writing on the person's condition and accounts for any funds within 60 days after appointment, at least annually after that, and whenever the court orders. A conservator files a detailed inventory within 90 days after qualifying and accounts to the court at least annually (M.G.L. c. 190B, §§ 5-309, 5-417, 5-418).

How long it takes

Most uncontested Massachusetts adult guardianship petitions are decided within about two to four months of filing. Contested cases, and cases that need a clinical team report or a substituted judgment treatment plan, run longer. These are practice estimates, not statutory deadlines.

Temporary guardianship: Up to 90 days, extendable by the court in additional 90-day periods for good cause (M.G.L. c. 190B, § 5-308)
Notice before a temporary hearing: 7 days of written notice, which the court may shorten or waive in an immediate emergency (M.G.L. c. 190B, § 5-308)
Certificate of notice after an emergency order: Filed within 7 days after the appointment, or the court may vacate the order on its own motion (M.G.L. c. 190B, § 5-308)
Medical certificate validity: The examination behind the medical certificate has to fall within 30 days before the hearing (M.G.L. c. 190B, § 5-306)
Clinical team report validity: The examinations behind any required clinical team report have to fall within 180 days before the petition is filed (M.G.L. c. 190B, § 5-306)
First guardian report: Due within 60 days after appointment, then at least annually (M.G.L. c. 190B, § 5-309)
Conservator inventory: Due within 90 days after the conservator qualifies (M.G.L. c. 190B, § 5-417)
Conservator account: Filed at least annually unless the court directs otherwise (M.G.L. c. 190B, § 5-418)
Parental appointment acceptance: The nominee files a notice of acceptance and the instrument within 30 days after the appointment takes effect (M.G.L. c. 190B, § 5-202)
Objection to a parental appointment: Filed before acceptance or within 30 days after notice of acceptance (M.G.L. c. 190B, § 5-203)
Delegation of parental powers: No longer than 60 days (M.G.L. c. 190B, § 5-103)
Uncontested appointment: About 2 to 4 months from filing, as a practice estimate rather than a statutory deadline
Contested case: 6 to 12+ months, as a practice estimate
Planning documents: A durable power of attorney and a health care proxy can usually be signed within a few weeks

Alternatives to consider before guardianship

Durable Power of Attorney

Financial, property, and business decisions. The person picks their own agent while they still have capacity, and everything the agent does during a later period of incapacity binds the principal as if they were competent, so no court case is needed.

M.G.L. c. 190B, § 5-502

Health Care Proxy

Medical and treatment decisions, including life-sustaining treatment. Any competent adult can sign one in front of two witnesses. The agent then makes the health care decisions the principal could make, and Massachusetts backs that up: a guardian cannot revoke a proxy without court authorization, and the agent's decision takes precedence over the guardian's.

M.G.L. c. 201D, § 2

Protective arrangement or single transaction

One defined problem, such as a housing move, a settlement, a sale, or setting up a trust. The court can authorize, direct, or ratify the transaction without appointing a conservator at all, so nobody takes over the person's whole financial life to solve one issue.

M.G.L. c. 190B, § 5-408

Less restrictive means, including technological assistance

Any need that services, supports, or assistive technology can meet. This is a gate, not a suggestion. A Massachusetts judge cannot appoint a guardian or a conservator without finding that the person's needs cannot be met by less restrictive means, including the use of appropriate technological assistance.

M.G.L. c. 190B, §§ 5-306, 5-407

Revocable Living Trust

Whatever assets are titled in the trust. A named successor trustee takes over managing trust assets if the person loses capacity, with no court appointment, and the person can revoke or amend the trust at any time while capable.

M.G.L. c. 203E, § 602

Representative Payee

Social Security and similar federal benefit income. A payee handles only the benefit checks. It is arranged through the federal agency, costs nothing, and does not take away any other legal right.

42 U.S.C. § 405 (federal law)

Emergency guardianship and planning ahead

Emergency guardianship: While a guardianship petition is pending and the adult has no guardian, the Probate and Family Court may appoint a temporary guardian if it finds that following the ordinary Article 5 procedure would likely result in immediate and substantial harm to the health, safety, or welfare of the person alleged to be incapacitated before the return date, and no other person appears to have authority to act. It lasts 90 days, or longer to a date certain if the court sets out extraordinary circumstances in its order. It may be extended up to an additional 90 days at a time, with no stated limit on the number of extensions. Authority: M.G.L. c. 190B, § 5-308.

Naming a guardian in advance: Massachusetts lets you settle in advance who a judge would appoint. Name the guardian or conservator you want in your most recent durable power of attorney and the Probate and Family Court must appoint that person unless they lack qualification or other good cause dictates otherwise. Parents get a second route: a parent may name a guardian for a minor child, or for an unmarried adult child the parent believes is incapacitated, in a will or a separate writing that the parent signs in front of at least two witnesses, and an individual may name a guardian for a spouse the same way.

Guardianship costs

Court filing fee: $0 to petition for appointment of a guardian. Massachusetts charges no register's fee for a guardianship petition, or to resign, terminate, expand, modify, or limit a guardianship (M.G.L. c. 262, § 40)
Conservatorship filing fee: $255 total: a $240 register's fee under M.G.L. c. 262, s. 40 plus the $15 s. 4C surcharge. The Probate and Family Court filing-fee schedule lists this pleading as "Appointment of Conservator or for Single Transaction, Petition | $240 | $15", read at mass.gov 2026-07-30, so the surcharge is not conditional for this filing.
Petition to change conservator powers: $150 to expand, modify, or limit a conservator's powers (M.G.L. c. 262, § 40)
Account allowance petition: $75 to petition for allowance of a conservator's account, plus the $15 surcharge, with the account filing itself charged on a sliding scale tied to its gross value (M.G.L. c. 262, § 40)
Citations and service: $15 per citation and $5 per summons, plus any newspaper publication the court orders
Medical certificate or clinical team report: $150 - $600 (what the clinician charges to examine the person and complete the court's certificate)
Guardian nomination in will: Included in will preparation costs
Durable power of attorney and health care proxy: $150 - $400 for an attorney-drafted set
Attorney fees for proceeding: $2,500 - $7,500+
Court appointed counsel or guardian ad litem: $500 - $2,500
Professional evaluation: $500 - $2,000
Conservator bond premium: 0.5% - 1% of estate value annually
Annual reporting costs: $1,000 - $2,500 per year with a professional conservator
Account allowance petition total: $90 total: $75 under c. 262, s. 40 plus the $15 s. 4C surcharge ("Allowance of Account, Petition | $75 | $15" on the same schedule). The account filing itself is charged on the separate sliding scale in s. 40.

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in Massachusetts?

What are the alternatives to guardianship in Massachusetts?

Less restrictive alternatives in Massachusetts include Durable Power of Attorney, Health Care Proxy, Protective arrangement or single transaction, Less restrictive means, including technological assistance. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.

How long does the Massachusetts guardianship process take?

Do I need a lawyer to file for guardianship in Massachusetts?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some Massachusetts courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Guardian vs. conservator in Massachusetts: what is the difference?

Statutes and sourcesOfficial references used for this page

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Information current as of July 28, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Massachusetts can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.