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Guardianship

What is a Guardianship?

Guardianship is a legal arrangement that allows one party—whether that be a concerned individual, a lawyer, or even an organization—to make personal and legal decisions on behalf of an individual who is not fully capable of doing so himself or herself. This is in contrast to a conservatorship, which grants the right to make financial decisions and handle the financial assets of an individual who is not able to do so. Where large amounts of money are involved, a conservator is usually appointed alongside a guardian. Often a guardian and conservator will work together to make sure the guardian has enough funds on hand to provide for the daily needs of the person under his or her protection while the conservator works to safeguard and grow that person’s assets. There are two forms of guardianship: guardianship of adults and guardianship of minors. Each has their own requirements and process for approval. Guardianship of Adults Under Massachusetts law, any concerned individual—or corporate party, for that matter—may apply to be the guardian of an adult who fits the criteria of an “incapacitated person” whose decision making is significantly affected by a diagnosed medical condition The guidelines for an incapacitated person include, but are not limited to someone with: a severe intellectual disability (an IQ of about 70) a severe traumatic brain injury (TBI) severe mental illness There are special situations, such as the cognitive decline of a spouse due to Alzheimer’s or the coming-of-age of a disabled child, that the court may

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