Staff Access

Legal

Guardianship & Conservatorship

Lisa Lovett, LICSW is the department's guardianship specialist. She should be made aware of all adult guardianship cases and she is available to answer your guardianship-related questions.

Minors

• Parental Appointment of a Guardian
• Caregiver Educational and Medical Authorization- if child is living temporarily with another adult, the parent can give temporary permission for that caregiver to share responsibility for educational and medical decisions.
  • Also see: www.masslegalhelp.org/children-and-families/guardians-and-other-caregivers for more information.
  • Shared Decision-Making: An Alternative to Guardianship: Medical and Educational Decisions, "Caregiver education and health care authorization affidavit"
    

Adults

Skip to:

• Massachusetts
  • About
  • Process & Forms
  • Office of Adult Guardianship and Conservatorship Oversight (OAGCO)
  • Guardians for the Unbefriended
• Other States
• Alternative to Guardianship: Supported Decision Making

 

Massachusetts

• About
  • Surrogate decision-making presentation- Josh Abrams, Staff Meeting 7-09
         Note: For internal distribution only.

  •  Handbook for Massachusetts Guardians - MA Guardianship Association, 2010

  • Massachusetts Court System Self-Help Center
    • General Information about Guardianship and Conservatorship

  • Conservatorship and Alternatives- Mental Health Legal Advisors, 11/15

  • Rogers Guardianship - Authorizing the Use of Antipsychotic Medications
    • Rogers Guardianship Q&A brochure- DMH
    • "Ask the Judge: Rogers Guardianship"

• Process & Forms
• Internal Guardianship/Conservatorship Procedures (rev 1/13)
        Note: For internal distribution only.

• Medical Certificate for appointment of Guardian or Conservator -  Please download this form and e-mail it as an attachment to the physician who will be completing it. You may contact Lisa Lovett with any questions. Please contact Lisa Lovett, LICSW before beginning a new guardianship.
  • Instructions for Clinicians - Completing the Medical Certificate
    

• Guardianship Petition - Please contact Lisa Lovett, LICSW before beginning a new guardianship.
  • Options for limiting Guardianship

• Conservator Petition - Please contact Lisa Lovett, LICSW before beginning a new conservatorship.
  • Options for limiting Conservatorship (see page 2)

• Guardianship Care Plan Form - completed by Guardian
• Additional forms and info - The Massachusetts' Court System, Probate and Family Court Department

• How to Create a Shortcut to the Guardianship Database  

• Short Term SNF Stays New- September 2012
  • Background & Rationale
  • Press Release
  • Notice of Intent Form- Instructions
  • Notice of Intent Form

 

• MA Office of ADULT Guardianship and Conservatorship Oversight (OAGCO)
• Monitors reporting by guardians and conservators of adults, collaborates with aging and disability network partners, collects data, offers an Ombudsperson Service Program (OSP), and provides education about alternatives to guardianship and conservatorship, and the restoration of rights for folks who have been temporarily incapacitated.
• Among other activities, assists entities like hospitals when they are experiencing delays scheduling guardianship, conservatorship, and other cases before the courts. It enshrines the liaison activity that has been in place informally between MHA and the Probate and Family Court to assist hospitals in expediting patient cases before the courts.
• Contact the Office of Adult Guardianship and Conservatorship Oversight (OAGCO) at OAGCO@jud.state.ma.us

 

• Guardians for the Unbefriended - Public Guardian Services - guardianship services to those who need it in Suffolk, Norfolk and Plymouth Counties. FAQs, Referral form (registration required). If you have further questions regarding Public Guardian Services, please contact us at 781-917-3965 or by emailing info@publicguardianservices.org.

 

• Other States
• New Hampshire Guardianship
  • General Information About New Hampshire Guardianships Of Incapacitated Persons
  • Form (also- instructions for form)
  • Other guardianship-related forms (includes waiver or personal appearance, petition for expediting hearing, criminal record release authorization [for proposed guardian], and more)

• Maine Medical Certificate
• Rhode Island Medical Certificate
• Vermont Adult Guardianship Form

 

• Alternative to Guardianship: Supported Decision Making
  • Supported Decision Making Resources to Get You Started
  • TASH Connections: Supported Decision-Making (Fall 2017)