Guardianships/Conservatorships

Attorney Alexis B. Kaplan is a member of the Massachusetts Guardianship Association

Guardianships & Conservatorships

Getting Your Affairs in Order

There are two basic types of guardianship: adult guardianships and guardianships for minor children. A guardian nominated by will, for instance, is generally a situation involving guardianship of a minor.

Guardianship of a minor generally means that the guardian will have legal and physical custody of a child until age 18.

Guardianship of an adult is a court process allowing for the guardian to have decision making about the incapacitated adult’s medical care. Annual updates to the court are required. In certain circumstances, including when antipsychotic medications are involved or if nursing home care is sought, there may need to be a request to the court for additional permissions.

Guardianship may be necessary in the following situations:
  • A child whose parents are no longer able to take care of them, often due to death or incapacity.
  • An intellectually disabled child who will be turning 18.
  • An adult who is no longer able to properly care for themselves.

Attorney Kaplan will meet with you virtually and work with you to get the necessary paperwork together for a Guardianship, review the medical certificate in an adult guardianship situation, and work with you in filling out the petition and related documents needed for filing with the probate court. Attorney Kaplan will represent you at court hearings, and she will work with you on the court’s required annual care plan.

Conservatorship may be necessary in the following situations:
  • A child under 18 has received assets, oftentimes an inheritance, and a conservatorship needs to be set up to allow an adult to legally handle the assets on the child’s behalf.
  • An incapacitated adult who is unable to properly care for their assets.

Attorney Kaplan will meet with you virtually and work with you to get the necessary paperwork together for a Conservatorship, and work with you in filling out the petition and related documents needed for filing with the probate court. Attorney Kaplan will represent you at any court hearings, and she will work with you in putting together the annual accounts to be filed with the court.

Confident &
Down to Earth

“Alexis was professional, knowledgeable, honest and made the whole experience, which I was dreading, very manageable. She let me know what to expect, how to conduct myself in the courtroom where I had never been before, and when a few glitches came up she handled them with complete confidence. Very down to earth and thorough. I would be happy to work with her again.”

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