Guardianship of an
Incapacitated Person –
Laws in MA

Guardianship of an incapacitated person is a serious responsibility in Massachusetts. There are many reasons why someone may file to act as a guardian of an incapacitated person. There are also a wide variety of issues that a guardian may have to address. If you are seeking to be or are currently acting as a guardian for an adult, Shapiro Law Group, PC, can guide you through the process, explain the responsibilities, and help you navigate any legal issues as they arise.

An incapacitated adult refers to someone who is clinically diagnosed with a medical condition that makes it difficult or impossible for them to make decisions regarding their health, safety, or how they care for themselves in other regards. This can be due to Alzheimer’s or dementia, a developmental disability, mental health condition, brain injury, or some other type of impairment.

When someone needs a guardian, the Massachusetts court will declare a trusted individual as guardian. This gives that person the ability to make personal decisions for the incapacitated adult.

Guardianship Rights

A guardian can also go to court to have his or her decision making power expanded. The court can assist a guardian if there is need to admit an incapacitated adult to a nursing home or give authorization for medical treatments or the administering of medications. There are also options for limited guardianship where the incapacitated adult can still make some decisions. Temporary guardianship may also be sought if there has been an emergency.

The incapacitated adult has legal rights of which the guardian should be aware. That person has the right to his or her own attorney and the right to be present at any hearing regarding guardianship. The incapacitated adult also has the legal right to know a petition has been filed by someone seeking guardianship and he or she has the right to object to that petition.