What is a guardianship and why should I consider it?

A guardianship is a legal process in Massachusetts that allows a court to appoint an individual or individuals to manage the affairs of an incapacitated person. This is most commonly used when an adult individual is unable to make decisions or take care of their own affairs due to physical or mental incapacity. The court-appointed guardian ensures that the incapacitated person’s financial needs are met, arranges for care as needed, and even manages their property and investments. Guardianships should be considered if you or an elderly family member are potentially going to become physically or mentally incapacitated. The appointed guardian can make decisions on behalf of the incapacitated person in order to ensure that they are taken care of properly. Even if the individual is able to make decisions, it is important to consider guardianship so that somebody is legally responsible for the person’s affairs if they are unable to make decisions in the future. In Massachusetts, guardianship is handled through the probate court and legal counsel should be sought. Estate planning attorneys are most equipped to handle setting up guardianships and are the most knowledgeable in this area of law. It is important to understand the legal process and implications of guardianship so you can make informed decisions.

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What is a guardianship and why should I consider it?

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