Key Aspects of Massachusetts Minor Guardianship Law
Guardianship in Massachusetts for minors is a legal process, overseen by the Probate and Family Court, where an adult (the guardian) is granted authority to care for a child when the parents are unable or unavailable to do so. Guardianship is distinct from adoption in that parental rights are limited or suspended but not permanently terminated, and the arrangement can be reversed.
Purpose: To provide for the minor’s health, safety, education, and general welfare when parents cannot fulfill these roles due to death, incapacity, or unfitness.
Types of Guardianship
Permanent (or general) Guardianship: Lasts until the child turns 18, marries, is adopted, or the court orders otherwise.
Temporary Guardianship: A short-term solution (up to 90 days, but extendable) used in emergency situations to protect a child from immediate serious harm, pending a full hearing.
Guardianship of the Person: Allows the guardian to make decisions about the minor’s personal care, medical treatment, and education.
Guardianship of the Estate: Grants authority to manage any financial assets or income the minor may have.
Eligibility to be a Guardian: A prospective guardian must be at least 18 years old, live in the United States, and not have a criminal record involving child abuse or neglect. The court must find the appointment is in the child’s best interest.
Parental Consent and Court Findings:
- With consent: A parent can nominate a guardian in writing or sign a consent form, which simplifies the process. The court still ensures the guardian is appropriate.
- Without consent: The court can appoint a guardian over a parent’s objection only if there is “clear and convincing evidence” that the parent is “unfit” or “unavailable” to have custody due to serious issues like substance abuse, neglect, or criminal activity.
Minor’s Input: If the child is 14 years old or older, the court must consider their preference for a guardian, though the judge makes the final decision based on the child’s best interest.
Process: The process typically involves filing a petition in the Probate and Family Court (or Juvenile Court if a related case is pending), notifying all interested parties (including both parents), a background check (CARI form), and a court hearing.
Guardian’s Responsibilities: The guardian assumes most parental rights and responsibilities, acts in the child’s best interest, and must file an annual report with the court regarding the child’s well-being.
Termination: Guardianship can be terminated if the parent’s situation improves and they can resume care, or when the minor turns 18. The parent can petition the court at any time to have the guardianship vacated.
