MA estate risk
Guardianship risk in Massachusetts
How courts appoint guardians for minors when no plan is in place.
Massachusetts courts may appoint guardians for minors when parents are unavailable or unfit, with priority for parental nominees and a minor’s nominee at age 14 or older.
At a glance
Key takeaways
- A guardian may be appointed by a parent or by the court.
- The court may appoint a guardian when parents are deceased or incapacitated, consent, have had rights terminated, or are found unavailable or unfit.
- A parental nominee has priority unless they fail to accept within the statutory period.
- A minor age 14 or older may nominate a guardian, unless contrary to the minor’s best interest.
Questions to consider
Questions to consider in Massachusetts
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
Massachusetts courts may appoint guardians for minors when parents are unavailable or unfit, with priority for parental nominees and a minor’s nominee at age 14 or older.
- A guardian may be appointed by a parent or by the court.
- The court may appoint a guardian when parents are deceased or incapacitated, consent, have had rights terminated, or are found unavailable or unfit.
- A parental nominee has priority unless they fail to accept within the statutory period.
- A minor age 14 or older may nominate a guardian, unless contrary to the minor’s best interest.
- Older minors may nominate a guardian, subject to court approval.
- Courts rely on best-interest findings when appointing a guardian.
Sources
- https://www.mass.gov/info-details/mass-general-laws-c190b-ss-5-201
- https://www.mass.gov/info-details/mass-general-laws-c190b-ss-5-204
- https://www.mass.gov/info-details/mass-general-laws-c190b-ss-5-207
Background sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in Massachusetts.
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